Legal Question in Family Law in India
Hello!
We had a love (court) marriage in Dec 2002, and we did not live together physically...but had a healthy relationship. My husband didn't tell about this marriage or our relationship as it is inter caste marriage..........Therefore, his family was so insisting, that in May 2003 my husband got married according to usual hindu rituals (no court marriage).
the marriage did not work obviously because our relationship was going great. And besides the girl he married is uneducated and from a village.
The girl's behavior was not good and very stubborn.
So my husband's parents asked him to file a divorce. As they still do not know about our love, marriage.
The girl doesn't want to divorce him and in return has filed too many false cases like 498, etc etc. Due to which the entire family suffered big expense/too much physical pain.
As my husband in mumbai and the girl is from Uttar Pradesh.
During his divorce fights, we (I & my husband) we bought a house on Rent and we are living together since 2009.
now my husband is been pressurized by his parents to bring the girl back because the cases that she put against them. He has brought her back and has rented an apartment for her.
But now my husband is very disturbed, he just do not know what to do.
Please help what should we do as a next step.
If I file a case as his legal wife, what will be the consequences?
or
what should we do?
Please help.
Regards
Mira
2 Answers from Attorneys
Second marriage of your Husband is null and void . He could have married anyone without getting Divorce etc. from you as you are the first wife. But your Husband can be booked under 420 ipc for marrying another woman despite having the first wife. Your Husband should take lot of precautions now.
if your husband is not muslim by religion the marriage with second wife is null and void. your husband can be booked for offence of Bigamy under IPC