Legal Question in Family Law in India
sir i want to put stay on my husband re-marry again during the pendency of the court . in private investigation i found that he re-married with other girl without taking divorce but he never tell the court that he re married with gir . and divorce putup by himself in 13 (1) (ia) and amended 13 (1) (ib). and from starting he refuse to take me home i front of judge . i am collecting his second marriage proof and his second wife gave birth to son in 2011.i want to punish him through court .
Q1---- just to satisfy my self can i put stay on her remarring again? because after knowing all i do not want to lose my husband i am legally weded wife of him.
please advice me
i have a lots of reasons for duing that.
4 Answers from Attorneys
there cannot be any such stay but you can file a complaint against your husband under the law of bigamy and also mention that he has a son out of the second void marriage. in case your averments are true and there is a child out of the second marriage, bigamy may, more or less be proved.
U can make application before the police for adultery and file application u/s 125crpc for maintenance,and may file application under domestic violence act
you can file a application for prohibitory injunction under order 39(1) prohibiting your husband from remarrying till disposal of divorce case. Otherwise also except in case of a mohamedan second marriage without divorce is null & Void in law and offence of Bigamy under section 494 of Indian Penal Code.
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