Legal Question in Family Law in India
Hi!
my husband married another woman by hindu rituals by force..of his parents.
Whereas I am alive and we performed a marriage also by hindu rituals but many years back, I do not have a legal marriage certificate.
Can I obtain a Legal marriage certificate of my 9 years old wedding? I have photographs of wedding, Wedding Card, Hindu priest confirmation letter.
Can I file a case against him of Bigamy?
But I do not want him to get punished. I only want him to live with me with peace & love hereafter.
While he can provide a financial compensation to the 2nd Lady.
Is this possible?
What charges can the 2nd Lady put on him legally?
Pls advise.
Regards
Tanu
3 Answers from Attorneys
You are in a very confused state ,on the one hand you want your Husband and on the other you dont want him to be punished for Bigamy etc. Yes you can get a marriage certificate after 9 years of marriage.Yes you can file a case against your Husband as well as his second wife under the IPC.If you file the case as mentioned above ,i am sure he would be punished with his second wife. Choice is yours .Second lady can file a case of cheating ,495 ipc etc against your Husband.
as per law the second marriage is void ab initio and you being the first wife, even though your marriage is not registered, would remain the legally wedded wife of your husband. you may have to act according to your financial and family situation. in case you feel that taking punitive measures may benefit you in the longer run, you may resort to them otherwise accept the situation and make the best of it.