Hi, My sister's divorse case is currently in the lower court. Her husband had filed for divorse few years back. Yesterday, her husband's brother had called my sister asking her to agree for mutual consent and informed that they are going to get his brother married secondly next month. And that girl's family is ready for illegal marriage and they are ok to get the divorse done slowly. The Fact is my sister cannot prevent her husband's second marriage as they can do it secretly. Ofcourse we can hire a detective agency to monitor them, but practically impossible to prevent the second marriage as her husband is abroad. But legally, is there any action she can take against her husband's brother? Because tomorrow they should not say that they have informed my sister and got her husband remarried with her permission. Now what my sister wants is there should be some evidence to show that she took some action after hearing about her husband's second marriage and she opposed that. Kindly advise.
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See no action can be taken against husbands brother for when he just informed of mutual divorce further if they were in same household a case of DV can be filed for mental harrasment
If there is remarriage of husband even informed to wife it won't be permission it amounts to bigamy and it is punishable offence.
Can lodge a police complaint against the husband and brother that they are threatening and harrasing her for mutual divorce and husband is marrying again.
In case husband marries someone else, during lifetime of his wife, without divorce, it amounts to bigamy,which is a criminal offence, and she can file complaint against him for bigamy.
Their intention is that you react to the news. The outcome that they expect is that you agree for mutual.
As you have heard the saying "Barking Dog seldom bites", if they intend to get him married secretly, then why would the husband's brother call and say? He could have just asked your sister to agree for mutual divorce, instead of giving the reason of 2nd marriage. So, you got to think strategically.
On the other hand, as pointed out by you, your sister cannot do much if at all they get him married.
Sometimes you got to allow them to make mistake. If they make this mistake of getting him remarried, then they are in deep s**t.
Also, when second marriage (when first marriage is in existance) is itself illegal, the question of not taking action (by your sister) does not arise.
You may get responses from other advocates to file a police complaint etc. But I suggest, you to just wait and do not take any hasty decision and allow them to make the mistake.
BTW FYI the court will ask proof even if you say they are planning to get him married. See, they are not going to give you photographs etc. for you to show it to the court. So there is no way you can prove it also. Even if they are sleeping together, you cannot prove it that they have been married. The only time that you can prove is when the child is born and father's name is that of your sister's husband.
If at all you go to Police, they will ask the same thing as to who informed you. At the max they will go there and enquire. And suppose you do this some 2 to 3 times, then the Police will stop cooperating with you and will ignore you, which is what perhaps your sister's husband wants, so that finally after 3 or 4 times, they can get married.
What you can perhaps do is negotiate a higher alimony if they are in a hurry.
Give me a call and I can explain it better.
1) second marriage during subsistence of earlier marriage is illegal
2) case of bigamy can be filed against husband under section 494 of IPC
3) she can issue notice to he r brother in law that second marriage is illegal and in case marriage is solemnised case would be filed against husband , his relatives
Just approach the jurisdictional marriage with all documents of first marriage and case pending details and they will restrain such second marriage. If you have time then file civil suit restraining the husband going for second marriage. Send SMS and WattsApp messages that he will be behind the bars under section 494 of IPC.
Whether Wife can seek injunction to restrain husband from performing second marriage?
Calcutta High Court
Chitra Sengupta vs Dhruba Jyoti Sengupta on 3 April, 1987Equivalent citations: AIR 1988 Cal 98, 92 CWN 54
Bench: A Bhattacharjee, A K Nayak
Court observed that if wife does not succeed in present appeal then status of second marriage by respondent husband would go unhindered but if she succeed then she is bound to face mental agony and status of second wife would also be in controversy - therefore balance of convenience in favour of injunction and thus injunction against husband granted.
I believe this telecon would have been recorded. Bring this to the court's attention. Send a notice about the telecon and possible legal consequences.
If she is knowing about her husband's second marriage she can inform police who will take action at the time of the solemnisation of the proposed second marriage, but without concrete evidence the police also cannot help her to stop the marriage.
She cannot act on the vague information, let she gather strong evidence and then lodge police complaint.
My sister's divorce case is in lower court currently(Pondicherry). Divorse case filed by her husband who is currently residing abroad. She is currently residing and working in Bangalore. Can she file for civil suit in Bangalore for getting injunction against her husband in order to refrain him from second marriage?
She can in pending divorce case seek injunction restraining husband from contracting second marriage
Sir she can file an application in divorce.case to seek injunction against husband if he is trying to remarry in substance of marriage.
Yes, she can file a civil suit and seek ex parte interim order restraining her husband from marrying for second time during the subsistence of first marriage.
The law is as follows. Such suit can be file before a Family Court.
Your sister can file a transfer petition for a Divorce case in Supreme Court of India under S. 25 of Civil Procedure Code.
There is no provision in law to get such injunction.
She can initiate action only he marries another female during the subsistence of the marriage with her.
If at any point of time the husband conducts a second marriage the same shall be treated to be void ab initio and at that stage you may go ahead and file a complaint against him. Second marriage during subsistence of the first marriage is a punishable offence
