Legal Question in Family Law in India

Need legal advice about Validity of marriage:

My sister is leaving with my parents since last 5 years as her husband was making her life hell & giving her trouble every single day.

We recently came to know that he remarried a month back & leaving with his new wife.

He has not given divorce to my sister & never communicated to us that he is planning to remarry.

Could you please advise -

1) Is his marriage legal?

2) My sister would like to get divorce but she wants to punish him for his deeds & remarriage. What is the best legal step she can take?

3) Is it possible for her to gain some financial support after divorce as she is completely financially dependent on us & doesn't have financial ability to fight through court cases?

Thanks for your attention to above queries & prompt response would be really helpful.

Regards.


Asked on 4/26/10, 4:37 pm

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

his second marriage is no marriage in the eyes of law and he can be prosecuted for bigamy.

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Answered on 4/26/10, 11:36 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There are three options for your sister. All or any of these three can be opted simultaneously :

(a) She seek his criminal prosecution under section 498-A of I.P.C.

(b) She may seek adequate compensation under the D.V.A.

(c) She may also seek his criminal prosecution for bigamy.

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Answered on 4/27/10, 5:20 am
Pravin Vaidya Independent

While the remedies suggested by shri Goel are Ok, in real & practical sense, when your sister is separated since last more than 5 years and there is no chances of recoinciliation with her husband, it is better to amicably settle the issue, seek mutual consent divorce and look forward for better future elsewhere

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Answered on 5/04/10, 10:36 am


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