Bhaskar Raja Sundaram 06 January 2020

Married a man without divorsing the first husband

One of my friend got married to a girl. He was not aware that she is married earlier. she married three months back and when she came to know that her friend is settling in Abroad she shown interest on him and married him legally. But she was already married legally and she moved out of country with him and later my friend came to know about it and he started asking her on that she started filing a case on domestic violence on him and planning to get citizenship of that country. What should my friend do? Can you please suggest what are the options he can file. Moreover they have two kids now but the lady wanted to move to third men

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SHIRISH PAWAR, 7738990900 (Advocate) 06 January 2020

Dear sir,

This is good ground for divorce. He can contest and get dimissed the domestic violence cases on this ground. If lady wants to marry third person then both can file mutual consent divorce.

Regards,

Zeta Teresa Pereira 15 January 2020

Dear Sir,

Your friend can get divorce under desertion given in section 13 of the Hindu Marriage Act. Desertion means the abandonment of the spouse by the other. Since the wife has moved to abroad leaving behind the husband, this ground can be used.

Also, the second marriage is not valid in the eyes of the law if the wife had not divorced her first husband. She will be committing bigamy if she gets married during the subsistence of her first marriage. She can be criminally charged for the same.

Hope this is clear.

Regards,

Zeta

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