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UMan did not divorce first wife and went on to marry another woman. 1st wife has two children 21M and 11F. The man has a lot of money and in their joint account. He has been taking out money for his affair. They have been married for 20 years. Under the Hindu marriage act what are the steps that the legal wife can take. He says that he wants to bring second wife in their matrimonial home and keep both of them together along with children. First wife doesn’t want to divorce.
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UIf the husband married another woman without legally divorcing the first wife, the first wife can file a complaint for bigamy under Section 82 of Bharatiya Nyaya Sanhita (earlier Section 494 IPC).
Proof of the second marriage ceremony is important.
The wife can approach the Family Court or Magistrate under the Domestic Violence Act seeking:protection order,
residence order,restraint against bringing the second woman into the shared household if it amounts to domestic violence or mental cruelty.She can see also seek maintenance,
compensation for mental cruelty,
protection from harassment,
right to reside in the matrimonial home.Joint account and property protection
Since funds are allegedly being diverted, she should secure bank statements,
monitor withdrawals,consider freezing or requiring joint signatures where possible,
seek court directions if misuse of marital funds.
Regards
Khaleel
Chennai -
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DLawyer here. Under the provisions of the HMA, a Hindu husband cannot legally contract a second marriage during the subsistence of the first valid marriage. Accordingly, if the husband has undergone a second marriage without obtaining a lawful divorce from the first wife, such marriage would be void in law and may attract criminal liability for bigamy under the Bharatiya Nyaya Sanhita.
She may also seek appropriate injunctive and protection orders restraining the husband from bringing the second woman into the shared matrimonial household or disturbing her peaceful possession and enjoyment of the matrimonial home. The husband cannot compel the wife to accept cohabitation with another woman in the shared household against her wishes. The wife may further seek orders to safeguard joint funds, restrain misuse or diversion of matrimonial assets, and secure maintenance and financial protection for herself and the minor child.
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