Husband concealed his first marriage and solemnised second marriage with me. I came to know about the fact of his first marriage when wife came to our residence in Delhi. She came along with her son. When this fact has been revealed I was shocked and started living separate from my husband. He is requesting to live with him and told that he has managed all things. My husband says that the lady is happy in village, and he has been sending money to her monthly. But I am not sure because it may be possible that he is telling a lie. What to do in these circumstances?
Asked from: Delhi
This is your husband’s second marriage. He has already solemnised a first marriage, which remains valid. Your marriage has also been solemnised according to prevailing rites and customs. However, under Section 5 of the Hindu Marriage Act, neither party should have a living spouse at the time of marriage. If this condition is violated, the marriage is considered void under Section 11 of the Act. Therefore, your marriage is void ab initio—it is considered null and void from the very beginning and holds no legal standing.
According to Section 17 of the Hindu Marriage Act, any marriage between two Hindus solemnised after the commencement of the Act is void if, at the time of such marriage, either party had a living husband or wife. In such cases, the provisions of Sections 494 and 495 of the Indian Penal Code (IPC) apply. The act of bigamy is punishable under Section 494 of the IPC.
You should file a criminal complaint against your husband for the offence of bigamy, as well as a civil suit in the Family Court seeking a declaration that your marriage is void. Under the current circumstances, it is necessary to obtain such a declaration. If your marriage was solemnised by following valid ceremonies, then your husband has indeed committed the offence of bigamy.
However, if your marriage was not solemnised through valid ceremonies, or if you are regarded as a concubine rather than a legally wedded wife, then the offence of bigamy is not committed. In that case, you also cannot seek a declaration that the marriage is void. Legal action against your husband can only be pursued if your marriage was conducted in accordance with the established rites and customs of your community. You have to prove that husband has concealed his first marriage.
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