1) you can file case of bigamy against your wife under section 494 of IPC
2) second marriage during subsistence of earlier marriage is illegal
3) also file case of adultery against your brother under section 497 of IPC
Sir, I got married 5 months ago. Now my younger brother eloped with my wife and have got married with her,brother is unmarried yet, my wife has not taken divorce from me. They got court marriage. Is it legal? If not. What may i do? I want to file a case against my wife and brother. Pls suggest me. Thanks!
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) you can file case of bigamy against your wife under section 494 of IPC
2) second marriage during subsistence of earlier marriage is illegal
3) also file case of adultery against your brother under section 497 of IPC
Hi
Marriage is illegal
U can file a case for cruelty
There are lot's of remedy if without divorce anyone marry with another
Thanks
Dear Sir,
I am presuming that, you have some proof to show that they have done court marriage. Under Hindu Marriage Act as well as the Special Marrigae Act ( for court marriages), a person who is not divorced and whose marriage is subsisting, cannot validly remarry. Such marriages are void ab initio (i..e these marriages have no existence in the eyes of law). Now, you may file an application with the registrar of marriages narrating the true facts supported with documents and reqeust him to cancel the marriage since it is solemnised by way of fraud. You can also file case of divorce on the grounds of cruelty, if you so desire. You can also slap a criminal case against your brother and wife.
1.Eloping with your wife by yor brother is a criminal act for whcih you cna file case under section 497 IPC.
2. For marrying second time you can file case u/s 494 IPC.
3. So if you wish you can file u/s 494.497 IPC.
Sir, I want to know whether my brother will be punishable or my wife too. sir I am a govt servant. Will I suffer for in this case? If yes,how much?
you will not suffer as you are the victim
2) your brother and wife both will be punished
3)your wife for bigamy and brother for adultery
This marriage wasn't possible for your wife did not take divorce from you.
This is Marriage is void ab initio.
File a FIR against your wife for the offense of bigamy. File adultery case against you brother.
Brother has entered into an adulterous relationship with your wife and hence, is liable to punished for adultery.
Your wife has committed the offense of bigamy.
Go and file a case for bigamy.
File a suit for annulment of marriage.
You will not suffer being the complainant, wife will be punished and not the brother.
Also You can file a habeas corpus writ agaisnt your brother in High Court.
Regards
Dear Sir,
Both your brother and wife are liable to receive punishment in this case. If you wish, you can save your brother or wife by taking either of them in confidence and filing appropriate complaint and statement before police authorities.
Your service will not be in danger due to filing of this complaint.
If somebody files some criminal complaint against you regarding a cognisable offence and if you are put behind bars for more than 48 hours by the police, then only your service will be in danger. ( i do not know whether your wife will do that and will be in a position to do that)
Hi, their marriage is not valid as second marriage without divorce void and illegal under Hindu marriage act .. You can lodge a police complaint of adultery against you brother .. It's a criminal offence to have physical relation with wife of some other husband
Hi,
In your case, The marriage of your wife with your brother is void in itself and illegal. And for this you can file a FIR for Bigamy on your wife.
No loss for you as you are the victim.
Hope this resolve your query.
your service will not effected in any case. as your wife has not obtained divorce from you and remarried with your brother, you are entitled to file a divorce case against your wife leveling bigammy charge including question of her chastity. in that event she will not be entitled to any alimony or maintenance from you. but you have to prove that your marriage is valid as well as the facts you have stated herein. if the fact is being proved your brother will also suffer punishment with your wife.
You may file a bigamy case against her under section 494 of IPC and adultery case against him under section 497 of IPC.
You should filed the case if you have documentary marriage proof of them.
You fill not suffer legally but may be mentally.
Feel free to call
You can file a bigamy case against both of them
You can also file a case to nullify their marriage since you have not given her divorce nor there was a legally valid divorce between you and her prior to her marriage