What to Do If Your Overseas Indian Husband Marries Another Woman Without Divorcing You

If you are residing in India and discover that your overseas Indian husband has married another woman without legally divorcing you, it can be deeply painful and legally serious. Under Indian law, such an act may amount to bigamy, which is a punishable offence.

Understanding Bigamy Under Indian Law

Bigamy refers to the act of marrying another person while still being legally married to someone else. In India, this is a criminal offense under:

• Section 494 of the Indian Penal Code (IPC) – Punishment for marrying again during the lifetime of a spouse.
• Section 495 of the IPC – If the second marriage is concealed from the first spouse, the punishment is more severe.

 Legal Action You Can Take

If your husband has married another woman without divorcing you, here’s what you can do:

1. File a Case in an Indian Court

• You may file a criminal complaint in a Court of competent jurisdiction under Section 494/495 IPC.
• The court may issue a summons or warrants and initiate proceedings against your husband.

2. Seek Additional Relief

• You may also file for maintenance, divorce, or protection under domestic violence laws, depending on your situation.
• Legal remedies may include financial support, custody of children, and protection of your rights as a legally wedded spouse.

 If Your Husband Is Residing Abroad

Even if your husband is living overseas, Indian courts can still take action. You may request:

• Service of summons or legal notices abroad through the Ministry of Law & Justice or the Ministry of Home Affairs.
• Assistance from the Indian Embassy in the country where your husband resides.

How can Legal Light Consulting – LLC Lawyer help you to Bigamy by NRI Husband? Your Legal Rights and Remedies in India

If your NRI (Non-Resident Indian) husband has married another woman without legally divorcing you, this constitutes bigamy—a criminal offence under Indian law. Here’s what you can do to protect your rights and seek justice. Legal Light Consulting – LLC Lawyer will guide you

1. Bigamy is a Crime in India

Under Section 494 of the Indian Penal Code (IPC), a married person who remarries while their first marriage is still valid commits bigamy, punishable with:
✔ Up to 7 years in jail
✔ Fine

Exception: If your first marriage was under Muslim personal law, different rules may apply.

2. Steps to Take Legal Action

File a Police Complaint (FIR)

Where to File?

• Local police station (where you reside or where the second marriage took place).
  ✔ Charges to Include:

• IPC 494 (Bigamy)

• IPC 495 (Concealing first marriage from second wife)

• IPC 498A (Dowry harassment, if applicable)

 Legal Light Consulting Can Help:

• Draft a strong FIR with proper evidence.

• Ensure police take swift action.

File a Case in Family Court

 Seek:

• Divorce on grounds of adultery & cruelty.

• Maintenance/alimony under Section 125 CrPC.

• Custody of children (if any).

Get the Second Marriage Declared Void

 File a declaration suit in family court to nullify the second marriage.

3. How to Prove Bigamy?

You will need:
✔ First marriage certificate (proof of valid marriage).
✔ Evidence of second marriage (photos, wedding card, witness statements).
✔ Proof that husband never divorced you (no court decree).

Note: If the second marriage happened abroad, check if it’s legally recognised in India.

Can You Take Action If Husband Is Abroad?

 Yes! Indian courts have jurisdiction if:

• The marriage was registered in India.

• You reside in India.

• The husband has assets in India.

If he ignores the court summons:

• The court can issue a non-bailable warrant (NBW).

• A passport can be impounded (through MEA).

 Protect Your Rights

You are not alone. Indian law provides strong protections for women facing marital betrayal and injustice. Consulting a qualified lawyer will help you understand your options and take the right steps.

Law Firm in India – Trust NRI Legal Service

Legal Light Consulting – LLC Lawyer Empowering NRI spouses with expert legal support across borders.