Is it possible for a husband or wife to prevent his spouse from getting married for a second time?
This can be done by means of an injunction, restraining your spouse from performing a bigamous marriage. Indian Courts have addressed this issue under Hindu law and have come to the conclusion that such an injunction should be allowed. The spouse must file a suit for perpetual injunction, restraining the other spouse from contracting a second marriage, under section 9 of the Code of Civil Procedure, 1908, read with section 38 of the Specific Relief Act, 1963. The Mysore High Court has taken the view that since there was nothing in the Hindu Marriage Act to bar such a suit, an injunction of this nature should be possible. There is no provision in the Parsi Marriage and Divorce Act, which bars such a suit Therefore, the same must hold true in the case of Parsi law.
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