Legal Question in Family Law in India
Dear Sir,
I am a female & married. I have boy kid and lived seperately for three years from my first husband.I have not taken a divorce yet.
Now, I have met a person with simialar background and married him without divorce. He is also not divorced.
My question:
If my second husband cheates, what actions can I take against him..? (though there is no proof against our marraige)
It it possible for him to escape from our second marraige..? Our marraige took place in atemple with no registration, no photo, no other people witnessed.
Please answer my queries.
Regards,
Suchitra
5 Answers from Attorneys
Your second marriage, without obtaining divorce from the first marriage is illegal and both you and your second husband are liable to be prosecuted for bigamy.
Consequently, if your second husband cheats, you have no legal remedy. In teh circumstances stated by you, he may well deny having married you at all.
i agree with Mr. Shroff. though you cannot take any legal action against him but in case you both have understanding, your marriage can last for long. is he taking good care of your son. you have committed a mistake by marrying him but if you both can carry on the relationship, it would be better. its good that there is no proof of marriage otherwise your first husband would have created trouble for you.
think positive about the relationship and share responsibilities.
Even though your marriage with this person is VOID in law, you may still continue enjoying the benefits provided under DOMESTIC VIOLENCE ACT if it can be established that you have been living like spouses. If he cheats you, you may claim damages/maintenance.
However, it may be better for both of you to apply for divorce seeking annulment of your first marriage.
I m aggreed with mr.sherof. you dont have any legal right to sustain the marriage coz first it is second marriage and therefore void and secondly he may refuse from this marriage coz you dont have proof. So think about it and try to get divorce from first husband and then arrange marriage with him. else we have options to drag him in court but dont have any right to sustain the marriag.e
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your second marriage is fully void and you can't legalise it, but still you can get of DOMESTIC VIOLENCE ACTS