Second marriage without divorce by both wife and husband
Murali Krishna
(Querist) 08 November 2017
This query is : Resolved
Dear sir, since long time I m living alone from my wife and filed divorce petition which is running. As years passed, I formally married another woman who also living alone from her husband since long time and without divorce. Within 3 months there are serious misunderstandings between us and now we decided to separate . she is demanding huge money otherwise threatening to file police case and report to media. though I offered reasonable amount she not accepting it and threatening me dire consequences. In this situation what remedy is available to me please advise
Vijay Raj Mahajan
(Expert) 08 November 2017
The second woman in your life is not your wife as your divorce case was still on when you formally married this woman.
This woman had living husband from her first marriage and hence you were not her husband.
So for all purposes you both are not husband wife in the eye of law.
So her complaint to police what she purpose to say:
1. Dowry demand and cruelty u/s 498a IPC but for that she should be your wife but she's not.
2. Bigamy u/s 494, 495 IPC but she too has done the same more so these two are not congisable offences so police won't take any action.
3. Rape chargesu/s 376 IPC but she will say that she married you and you raped her after the marriage, but marital rape is not covered u/s 376 IPC and more so her intention was to live with you as your wife whether it was legal marriage or not so it proves consensual sex hence no rape by her own admission.
4. Cheating u/s420 IPC for what. You both were aware of each other's previous marital status still you both moved for marriage were is fraud or misrepresentation in this by either parties therefore no offence of cheating.
I hardly see any other ground for which she can lodge complaint against you with police. Ask her and tell me if she has any other ground for which she can lodge complaint against you.
Murali Krishna
(Querist) 08 November 2017
Thank you very much for valuable advice sir
Rajendra K Goyal
(Expert) 08 November 2017
Try to have amicable settlement.
Agree with the advice from expert Vijay Raj Mahajan.
Kiran Kumar
(Expert) 08 November 2017
Mr. Mahajan has given you a perfect reply. But be prepared for everything. Even if the law is in your favour, that shall not mean that you will be exonerated at the very first instance. The process and procedure may take a bit of time to finish the things. And if the factum of your second marriage comes to the knowledge of your first wife then you will face a bit more trouble.
Guest
(Expert) 08 November 2017
No legal remedy is available for illegal relations. Rather, any legal recourse may prove much more harmful to you than mutual settlement before you are made a target of blackmailing by both, the keep as well as your own wife. Although position of both of you is vulnerable due to illicit relations, but only you will be at the receiving end.
Isaac Gabriel
(Expert) 08 November 2017
She may not get any sympathy in cornering or torturing you.Any overreach by your living partner will not yield result. But be cautious to repeat the same again.
Sudhir Kumar, Advocate
(Expert) 09 November 2017
You have entered in illegal marriage and induced the lady to live with you by falsely representing to be his legally wedded husband that way you are open to allegation of rape and can go to jail .
You have lived with wife of another person and open to allegation of adultery and can go to jail.
You are open to charge of bigamy and can go to jail
So beg/buy mercy.
A. A. JOSE
(Expert) 09 November 2017
Under the circumstances stated by you, your wise remedy is to find amicable resolution with her failing which, inspite of legal lacunae pointed out by different experts, you may have to face adverse implications.
