Second marriage by man in subsistance of first marriage

As per your query, let me inform you about a few requisite conditions after which a person is eligible to remarry.
At first a Hindu man or woman could remarry just after a duration of 30 days (1 month) time period.

However, a judgement passed by High Court of Bombay increased the time duration to do so. A bench of the Bombay High Court on one Friday morning resolved a conflict that dealt with provisions of the Hindu Marriage Act, 1955 as well as the Family Courts Act, 1984, which was related with time periods for filing appeals against such decrees.

The bench comprised of Justice Naresh Patil, Justice RD Dhanuka and Justice Sadhana Jadhav held that the appeal period would be 90 days, as charted in the 1955 Act.

Thus, while leaning for a longer period of time, the bench explained that -“While discussing the provisions of the two enactments, it needs to be considered that we are a country with a vast population and millions face financial hardships to litigate a matter. People spend a considerable amount of time, money and energy.”
Thus, resulting in extension of the time period after which a person could remarry again.

A Hindu man or a woman will have to wait for three months after a divorce decree to remarry provided that within this time, the losing spouse has not already challenged the dissolution of marriage.
Hence, a Hindu can marry again after 90 days of the decree dissolving his or her marriage, if No Appeal has Been Made Against the Decree.

***NOTE:- A person is eligible to remarry after 90 days of the decree passed by the Court, Only If there is No Appeal Against that Decree.

According to the Hindu Marriage Act (HMA), 1955 a Marriage is said to be NULL & VOID if the person hasn't obtained Divorce from his/her first marriage, because the HMA does not provide room for simultaneous marriage(s).

One of the essentials of a valid marriage according to Hindu Marriage Act 1955 is that - "Neither Party Should Have a Spouse Living at the Time of the Marriage."
Thus, it is necessary to obtain Divorce from the first marriage before a person could Remarry again.

Hence, your Husband's Second Marriage is Null & Void (as per section 11 of the HMA) and henceforth,. could be challenged in a Court of Law as he had remarried someone else before obtaining legal divorce from you.

This way, you can file for restitution and seek for Justice, against the unlawful second marriage of your husband.

Hope it helps.

Thanks

Hello,

Restitution cannot be filed in second marriage as second marriage was held during the subsistence of first marriage. The second marriage is void marriage. You may file other criminal cases against the husband.