I am 32 years old woman who got married last year in Jan 2015.This is a love marriage and my husband was living in France for the last 10 years.He was married to a French lady and he got officially divorced from her in April 2015.
Our situation is like this- as I fell in love with my husband he was separate from his French wife and the divorce was almost finalized in Sept 2014 so we arranged our marriage to be held in Jan 2015 in India.Due to some issues the divorce procedure took long and our marriage dates were already finalized which we could not change and I forced him for the marriage and we had a Hindu ceremonial marriage.My family was not aware about his former relation and my elder brother Insisted us for marriage registration to which my husband hesitated.Now my brother recently came to know that he was previously married and got Divorce after our marriage so he is threatening with a lawyer to sue him for Bigamy or he pay him a huge sum.
I have requested my brothers not to but he is not listening so what should i do as it was not my husbands fault and we were not aware that something like this could happen.
Please help and let me know how I can save my husband from Bigamy charges.
Your brother will not press charges for bigamy.
Your marriage is void ab-initio as there was a wife living and the first marriage was subsisting during the time of your marriage and hence your marriage has no legal binding. His first wife is the aggrieved person and she had the opportunity to press bigamy charges against your husband. You will only be considered as aggrieved person w.r.t section 375 and not for bigamy. But then section 375 doesn't apply to you as you are willingly entered into the wedlock.
I would suggest you to leave aside all these legal complications and get married to him again now to keep your marriage sane from all legal complications.
You file for void and null marriage immediately. Your brother has no legal stand except a right to file an FIR but that will fall flat and gets dismissed in your absence at the prosecution.