• Can my husband get remarry without divorce if marriage happened in UK and was religious only?

My husband and I got married in UK in Gurudwara. We could not register marriage due to his illegal status. I sponsored him to Canada and now after gaining all he could from me. He is going to get married to another girl. His passport has spouse name as my name on his passport but when he went to BLS they told him name can be changed without spouse name if he reapplies. What should I do to stop him and report him to authorities. I filed a complaint with punjab police but they did not do anything. Lady police officer got scared because one goon called lady officer. She is not doing anything on my case. I am from Delhi. Where can I file case in Delhi? Please help.
Asked 9 months ago in Criminal Law
Religion: Hindu

9 answers received in 1 day.

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9 Answers

With the proof of your marriage to him and his subsequent marriage with another person, you lodge a complaint with local police in Delhi or you can file a private criminal case before the magistrate court in Delhi.

Make sure summons reach him

Once he appears before court, then you can ask court to direct him to deposit his passport untill disposal of the criminal case.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

1) if husband remarries file case of bigamy against your husband under section 494 of IPC 

2) file petition for RCR under section 9 of HMA in Delhi 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

  1. As per the information mentioned in the above query, makes it clear that your husband has cheated upon you, and also now the government and authorities, have not been indulging themselves in a way wherein you should get some help.
  2. As you have already filed a police complaint, you need to approach the Hon’ble High Court of Delhi by filing a Writ Petition of Mandamus in nature making all the authorities as party into it.
  3. Also seek relief of stopping from changing anything over any legal document without first having been obtained court decree for coming out of the marriage.
  4. There are many more things need to adjudicated in your case. So, you are free to contact for phone or email consultation from the present portal.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You say your husband is planning to get married again when his marriage with you is not dissolved yet. It is not the right time to file any criminal complaint. You need to engage a competent lawyer and file a petition at the jurisdictional family court for an order for restitution of conjugal rights (RCR, for short). Simultaneously, pray for an interim order restraining your husband from marrying anyone else till the final decision is taken on your RCR petition. You need to furnish all the relevant details: your ID and address proofs, including passport; your husband's ID and address proofs, including passport; wedding invitation and photographs taken at your wedding in the UK; witnesses from India present there etc.

Swaminathan Neelakantan
Advocate, Coimbatore
2936 Answers
20 Consultations

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Further, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law. 

- Hence, you can file a complaint before the court in Delhi against him for the offence of bigamy

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

1. you can file a case under section 9 of hindu marriage act, (RCR)

2. also file a case of domestic violence against him in addition to a police complaint for cheating, domestic and economic violence, etc 

3. you can file the case in family court delhi

  

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

No he has to fake divorce from earlier marriage otherwise it’s illegal 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

1. If he further marries without obtaining divorce from you, then he will be charged with the offence of bigamy as per IPC  punishable with jail term for a maximum period of 7 years with or without fine.

 

2. Preserve all the documents you have to use as evidence to prove that you two are married couple for your future use.

 

3. Since he has not yet married, no case stands against him as yet.

 

4. You can lodge a police complaint in India alleging that he is negotiating for marriage with other ladies to cheat them being already married with you.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

Dear client 

I understand this is a frustrating and upsetting situation. Here's what you can do:

File an FIR in Delhi:

You can file an FIR (First Information Report) at any police station in Delhi. Explain the situation clearly, including the marriage in the UK Gurudwara, your sponsorship to Canada, and his potential bigamy.
Mention the previous complaint in Punjab and the officer's inaction.
Insist on getting an acknowledgement receipt for the FIR.

If your husband misrepresented his marital status during the sponsorship process, it could be considered immigration fraud. You can report this to Canadian authorities through the Immigration,

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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