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Narayan Trivedi   28 March 2018

must husband take divorce?

if wife does second marriage without taking divorce from first husband, the first husband need to take divorce or he can do second marriage without taking divorce from her wife who had already did second marriage.


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 8 Replies

Vijay Raj Mahajan (Advocate)     28 March 2018

The husband has to take divorce before he remarry again otherwise his second marriage will be null and void. What his first wife did doesn't mean he should also do the same. He can always file criminal compliant against his wife for bigamy under section 494 IPC as well civil petition for divorce in the Court.

Narayan Trivedi   28 March 2018

may i know till when I file case under 494 ipc? i mean law of limtation

Vijay Raj Mahajan (Advocate)     28 March 2018

Contact me directly for detailed case discussion. Email me for legal consultancy. vijaymahajan5758@gmail.com

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Tirthankar Bose   28 March 2018

Both the wife and husband has to take divorce before proceeding for another marriage or else you caanot marry another one. Its illegal

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Online.498a.DV.Act.Crusader   28 March 2018

Originally posted by : Narayan Trivedi
if wife does second marriage without taking divorce from first husband, the first husband need to take divorce or he can do second marriage without taking divorce from her wife who had already did second marriage.


She married whoever she wants. You also do same. But both dont approach court. Thats the trick. 

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Adv. SIddharth Jain (Advocate )     29 March 2018

In case of offences registered under Section 494 I.P.C wherein the punishment is with imprisonment upto seven years, there is not time bar or limitation period.
For more queries, feel free to contact me at isidjain1@gmail.com
1 Like

(Guest)
Why do you experts answer and encourage such academic queries, wasting your time and promoting a bad culture?

(Guest)
Why do you experts answer and encourage such academic queries, wasting your time and promoting a bad culture?

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