ancova (student) 28 August 2015

Adultry

Husband got divorce on cruelty and desertion ground at trial court. wife file appeal at High court a bit delay. delay condoned at high court. husband informed high court that he got married again. wife came to know that husband was already living with his second wife when his divorce suit with 1st wife was pending at trial court. the husband and his second wife had kids and they were born during the pendency of his divorce suit with 1st wife. his both wives are working. 2nd wife knew that his divorce was pending when the children were born. what action the first wife and second wife can take against his husband. husband is currently living with his second wife and with their children.

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prabhakar advocate (advocate) 28 August 2015

First, how much delay took place to file appeal in H.C.? Actually, when the second marriage happend? If second wife was merely staying with a person in 'live-in' relationship and sired children during his divorce case pending, then it amounts only "adultery" for which, the first wife is entitled to divorce and nothing else. It does not amount to "bigamy", you want to bring it in. If you can prove that during the pendency of divorce petition in trial court, his marriage was solemnized, then only "bigamy" provision attracts.

Prabhakar - Advocate

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Legal Aid Panelist - Family Court - Central Delhi(Tis Hazari)