If your husband has remarried while still legally married to you, this represents a genuinely serious violation, and understanding your comprehensive legal options is important, building on the position discussed in relation to a husband marrying another woman without obtaining a divorce first.

The most direct and serious criminal remedy available to you is filing a complaint for bigamy under Section 82 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 494 of the old Indian Penal Code. Under this provision, whoever marries again during the lifetime of a spouse, in circumstances where such marriage is void by reason of taking place during the lifetime of that spouse, is punishable with imprisonment extending up to seven years, along with a fine.

To pursue this remedy, you should file a written complaint with the police station having jurisdiction over the location where the second marriage was solemnised, or where you reside, providing whatever evidence you have establishing that your marriage to your husband remains legally valid and subsisting, such as your original marriage certificate, and evidence establishing that the second marriage genuinely took place, such as wedding photographs, invitation cards, witness testimony, or any registration documents for the second marriage. Since bigamy is generally treated as a cognizable offence when the essential ingredients are properly disclosed, the police are obligated to register your FIR and investigate.

Beyond the criminal complaint, this second marriage entered into by your husband is legally void from the very outset, meaning it has no legal validity or recognition whatsoever under Section 5 of the Hindu Marriage Act, 1955, which specifically requires, as a condition for a valid marriage, that neither party has a spouse living at the time of the marriage. This means the second "wife" has no legal status as your husband's spouse, and consequently no legal entitlement to property rights, inheritance, or maintenance flowing from a valid marriage, though it is worth noting that any children born from this void marriage are, under Section 16 of the Hindu Marriage Act, specifically deemed legitimate for purposes of inheriting from their parents.

Given this serious breach of trust and marital obligation, you have full grounds to pursue divorce yourself, either on the ground of adultery under Section 13(1)(i) of the Hindu Marriage Act, since your husband's second marriage necessarily involves a sexual relationship outside your marriage, or on the ground of cruelty under Section 13(1)(ia), given the profound emotional and psychological harm this deception and betrayal has caused you.

If your husband has been financially supporting the second household while neglecting his obligations toward you, you can seek maintenance under Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), or under Section 24 of the Hindu Marriage Act if you are pursuing divorce proceedings, ensuring your financial needs are addressed regardless of how your husband has chosen to allocate his resources between his two households.

If you were unaware of this second marriage until now, and did not in any way consent to or facilitate it, this specific lack of consent is genuinely important to establish clearly, since the bigamy offence specifically requires that the second marriage was entered into without your knowledge or genuine consent in a manner rendering it void, and your clear lack of awareness strongly supports the criminal charge.

If the second woman genuinely believed your husband was unmarried or legitimately divorced at the time she married him, and was herself deceived, she may not bear the same criminal liability as your husband, since the offence generally requires knowledge that the marriage is bigamous, though this depends on the specific facts of what she genuinely knew.

Given how many distinct legal dimensions arise from this situation, spanning criminal bigamy, your own matrimonial remedies, and financial support considerations, it is genuinely essential to consult an experienced family law advocate promptly. You can reach out via Aapka Legal Advice for a confidential, compassionate consultation on filing your bigamy complaint against your husband, and for guidance on pursuing your own divorce petition and securing appropriate maintenance and financial protection.

You can review Top Divorce Lawyers in India | Aapka Legal Advice to find advocates with specific experience handling bigamy-related matrimonial matters.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an advocate experienced in both criminal bigamy matters and matrimonial litigation will ensure your rights are fully and properly protected.

In summary, if a husband has remarried without divorcing his wife first, she can file a criminal complaint for bigamy under Section 82 of the BNS, carrying imprisonment up to seven years, while simultaneously pursuing her own divorce on the ground of adultery under Section 13(1)(i) or cruelty under Section 13(1)(ia) of the Hindu Marriage Act, and seeking appropriate maintenance, since the second marriage itself is entirely void under Section 5 of the Hindu Marriage Act and confers no legal rights on the second party.