For my reply, I am presuming that your husband is not governed by the Muslim law. If that be so, then marrying for second time when his first marriage was still valid and his first wife was alive is an offence under Section 494 of the IPC, which is punishable with a maximum of 7 years’ imprisonment. However, this offence is non-cognizable and the police cannot register the FIR. Therefore, you’ll have to file a private complaint before the court under Section 494 IPC against your husband along with relevant evidence.
Secondly, again presuming that your marriage is covered under the Hindu Marriage Act, it would be a void marriage within the meaning of Section 11 of the said Act, and you can file a petition before the court for getting it declared as void by a decree of nullity. There is no need for filing a divorce petition, since a decree of nullity would be the correct option in your case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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