"If your husband has entered into another marriage while still legally married to you, without obtaining a divorce, this constitutes bigamy under Section 82 BNS (equivalent to Section 494 IPC), which is a criminal offence punishable with imprisonment up to 7 years and fine. You can file a police complaint/FIR against your husband and the second wife (if she had knowledge of the existing marriage) for bigamy and, if applicable, cheating (Section 318 BNS) and cruelty (Section 85/86 BNS for dowry-related cruelty). Additionally, the second marriage is void under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955, and you may seek a declaration of its nullity. You can also file for maintenance under Section 144 BNSS, or pursue divorce/judicial separation citing cruelty. Please share exact facts — marriage proof, evidence of the second marriage, and any children involved — so precise legal strategy and applicable sections can be advised."
1. File a criminal complaint for bigamy. Bigamy is punishable under Section 82 of the Bharatiya Nyaya Sanhita (BNS) (earlier Section 494 IPC). The punishment can extend up to 7 years imprisonment and fine. 2. Seek a declaration that the second marriage is void. Under the Hindu Marriage Act, 1955, a second marriage during the subsistence of a valid first marriage is void. 3. File for divorce on the ground of cruelty/adultery (where applicable) and seek: * Maintenance/alimony * Child custody * Residence rights * Protection orders under the Protection of Women from Domestic Violence Act, 2005 if circumstances warrant. 4. Collect evidence of the second marriage, such as: * Marriage certificate * Wedding photographs/videos * Invitation cards * Witness statements * Social media posts Proof of the second marriage ceremony is usually important in a bigamy case.
1. If your husband has conducted illegal marriage, then you can seek divorce on the grounds under Section 13(1)(ia) Hindu Marriage Act and seek monetary compensation and permanent alimony under section. 2. You can file a police complaint under section85(2) BNS under Bigamy and offence of cheating under section 415 IPC which husband has married another person outside the wedlock. 3. If police does not register the FIR, then approach the higher authorities in your area S.P. 4. You can file a criminal complaint before the Jurisdictional magistrate and issue process against husband.
Section 82: Marrying Again During Lifetime of Spouse. If a person marries again while their spouse is still alive and the second marriage is void due to this reason. - Punishment: Imprisonment up to 7 years Fine
You can file a divorce on ground of second marriage
