Legal Question in Family Law in India
does it come under bigamy..
my brother an indian citizen, working in US on work permit.he got married in india as per HMA.recently he got ex parte divorce from US court. now he is planning to marry second timein US. if he married in US second time , but his ex-wife challanges the divorce decree in india and the divorce decree is set aside in inida? does his 2nd marriage in US come under bigamy? what happens if he go to india after his 2nd marraige ? does the marriage happen in US will be consider as bigamy in india? what is the best time to go for second marraige ? pls advise us.
6 Answers from Attorneys
Re: does it come under bigamy..
If the exparte is set aside then second marriage will be void. Plz prove more detail and dates of every event to know exact position.
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Re: does it come under bigamy..
yes it would be a bigamy and he might be imprisoned for getting married again if the ex of your brother lodges a complaint in the police station.
Re: does it come under bigamy..
yes it would be a bigamy and he might be imprisoned for getting married again if the ex of your brother lodges a complaint in the police station.
Re: does it come under bigamy..
The divorce decree may not be valid; therefore,the second marriage will constitute bigamy;
One should for the second marriage only after divorce with the first wife.
Re: does it come under bigamy..
yes, his second marriage would be considered bigamy in case first wife has got the decree set aside by indian courts. after getting divorce only, its better to go for marriage.
Re: does it come under bigamy..
yes ur brother would be prosecuted for bigamy if he contracts a 2nd marriage in us. the decree of divorce obtained by ur brother is a nullity as it is hit by the provisions of section 13 of the code of civil procedure,1908 as prevailing in india. pl follow the link http://indiankanoon.org/doc/1774034/
u will find a relevant judgment of Supreme Court of India.