Divorce and bigamy
ganesh
(Querist) 25 June 2016
This query is : Resolved
Hi,
I am male, who was married (love marriage) during July 2009. After some months, we separated and got divorce on November 2011. Again I got married to some other girl during April 2012 (arranged). Though she knew that I was married before, we did not inform about the same to their parents. Now after 4 years of marriage, due to some misunderstanding between my wife, she is threatening me that she will give complaint that I hid my first marriage to her family.
(My first wife has also remarried another guy during december 2011.)
Am i going to suffer on bigamy or adultery laws?
In this scenario can my wife(second) get divorce from me?
I have a male child with my second wife (3 years old). Will it effect on my custody request.
(My first marriage was done according to Hindu Marriage Act and my second one is according to Special Marriage act)
Kindly clarify...
Thanks.
kavksatyanarayana
(Expert) 25 June 2016
Either you or your family members have not informed about your 1st marriage and divorce to the parents of that girl before marriage. At least after marriage, you might have been informed the fact to your wife. now in an amicable way convince her and next her family. and at the time of solemnization of Spl. marriage, how can you give the declaration in the marriage form? first try to settle the problem in an amicable way. next proceed according to the situation.
P. Venu
(Expert) 26 June 2016
There is no question bigamy as, from the facts stated, you had separated and "got divorce". The present problem appears to be that ego. Law and settle them, but cannot resolve.
Dr J C Vashista
(Expert) 26 June 2016
Consult a local senior lawyer for such professional query.
Devajyoti Barman
(Expert) 26 June 2016
You have nothing to worry at all.
Remarriage after divorce from court of the first marriage is perfectly legal and does not attract the rigours of bigamy.
By concealing this fact you have not done any criminal act either and is not going to affect child custody case.
All the best.
R.K Nanda
(Expert) 26 June 2016
Contact local lawyer.
J K Agrawal
(Expert) 26 June 2016
(If previous divorce is legally perfect)
No case of Bigamy made out.
No case of Adultery made out.
No ground for divorce to your wife.
But in case of marriage under special marriage Act, it is necessary to disclose about marital status. Did you disclose? I suppose 'No' and it is problematic.
