Married man & unmarried girl wants to marry with a identity as a wife
Namita
(Querist) 24 November 2015
This query is : Resolved
A man had got married 10 years back under family obligations. He dragged the relation like that. She is staying with in-laws in town & he is in different state. Its a relation for name sake with no bondings & no regrets also.
Now the guy is in love with a unmarried girl who is my cousin sister & both wants to marry without hurting the 1st wife & both are ready to give her lifetime mentainence.
The unmarried girl wants legal identity as a wife.(not interested in property of the man, dont want previlage of rights also)For This identity parents of unmarried girl are mainly concerned. Please help if any of the provision is there to live together as husband & wife.
ABDUL RAZIQUE
(Expert) 24 November 2015
Somedays ago Hon. SC passed an order that any male and female live in under one roof since six months they will be treated as wife and husband. So there is no burden of legal identity.
Nadeem Qureshi
(Expert) 24 November 2015
without divorce from the first wife they can not be knot in legal relationship, the men have to be divorce her wife and then only he married with the girl legally otherwise this marriage will be void and illegal and the first wife may file a case u/s 494 of IPC against the men for Bigamy which is an offence and punishment is upto seven years.
Feel Free to Call
Rajendra K Goyal
(Expert) 24 November 2015
They can not marry without divorce taken by husband from first wife. It would lend both in complications including criminal cases.
He should explore possibility of Mutual consent divorce from first wife.
Namita
(Querist) 24 November 2015
Thank you for the replies sir,
Is Live in relationship option there for them. Will that be counted as legal ground atleast for that girl. Can unmarried girl's parents take legal action or complain pulice/file case on this step.
Nitish Banka
(Expert) 24 November 2015
Parents cannot take any legal action, though may lodge false complaints like u/s 354 or 376.
Thanks & Regards,
Nitish Banka
9891549997
Guest
(Expert) 24 November 2015
Dear Mr Abdul Razique Are you sure that Supreme Court had said Other Lady's husband and unmarried lady even if they stay together for 6 months would be treated as husband and wife.
Guest
(Expert) 24 November 2015
Dear Author,Expert Mr.Nadeem Qureshi had Provided you the Best Reply.
Kumar Doab
(Expert) 24 November 2015
It is believed that the married man in question is hindu.
Agreed with Expert Mr. Nadeem Qureshi and Mr. N.J.S.Rajkumar.
What legal status this unmarried girl can have by the live in relationship with married man in question?
You may advise this unmarried girl to look for some eligible unmarried male, for her to acquire legal status of wife.
Sudhir Kumar, Advocate
(Expert) 25 November 2015
agreeing with Mr Qureshi, I will add that even second woman can also file criminal case of rape for having obtaining her consent for sex by making he falsely believe to have been legally married.
Sudhir Kumar, Advocate
(Expert) 25 November 2015
"The unmarried girl wants legal identity as a wife.(not interested in property of the man, dont want previlage of rights also)"
UNLESS THERE IS DIVORCE FROM FIRST WIFE THERE CANNOT BE ANY CLAIM " legal identity" OF HER BEING A WIFE.
I AM SORRY TO SAY SHE WILL BE A RAKHAIL ONLY WHO IS NOT RESPECTED IN SOCIETY.
further if any (or both) of them are govt employee can loose job as well.
Sudhir Kumar, Advocate
(Expert) 25 November 2015
"She is staying with in-laws in town & he is in different state. Its a relation for name sake with no bondings"
WHO TOLD YOU THIS.
MARRIAGE IS BINDING TILL DIVORCE IS THERE.
