mohan 02 September 2016

Second marriage without divorce... ?

dear experts..

read almost 30-35 posts on the similar question. varied advices and suggestion are given by many experts in the past since many years. i ask a few questions and that may help all.

- Agreed, that second marriage without first divorce is illegal. BUT, what if the man and the unmarried female get married secretly, show that they staying as live -in and hide the details of their marraige. can this be done ? what problems can arise after doing this ? can the police stop the live-in ?

- How can the opposite party prove the second marraige ? what chances and what proves can they use ?

- Even if the opposite party file a police complaint or a court case of bigamy, how many years would it take to prove this ? Can this be stretched to many many years ?

- Can the couple have kids ? I know its would not be possible legally but need a way out. Can there be no way, to have atleast one kid ? Can it be shown that the kid was conceived through surrogacy or IVF or anything else ? Can the kid be born abroad and then brought to India ?

- Legal experts may answer this - How often have a bigamy case been proven and the accused been punished in courts ??

Plz advice...

Reply Follow

5 Replies

Sidharth 02 September 2016

Originally posted by : mohan
	dear experts.. read almost 30-35 posts on the similar question. varied advices and suggestion are given by many experts in the past since many years. i ask a few questions and that may help all. - Agreed, that second marriage without first divorce is illegal. BUT, what if the man and the unmarried female get married secretly, show that they staying as live -in and hide the details of their marraige. can this be done ? what problems can arise after doing this ? can the police stop the live-in ? Answer: They can't live as live in relationship but can live as house owner and tenant - How can the opposite party prove the second marraige ? what chances and what proves can they use ? Answer: The risk is not from your first wife it is the second one can drag you in rape case in case of any confllict. - Even if the opposite party file a police complaint or a court case of bigamy, how many years would it take to prove this ? Can this be stretched to many many years ? Answer: Case can be handled for many years - Can the couple have kids ? I know its would not be possible legally but need a way out. Can there be no way, to have atleast one kid ? Can it be shown that the kid was conceived through surrogacy or IVF or anything else ? Can the kid be born abroad and then brought to India ? Answer: Surrogacy is the best option in this situation. - Legal experts may answer this - How often have a bigamy case been proven and the accused been punished in courts ?? Answer: It all depends how you handle the case Plz advice...

Kumar Doab (FIN) 02 September 2016

While the 1st marriage is subsisting, 2nd is illegal.

Live in relationship may also be penultimate.

Children from such relationship shall be legitimate.

Conversion for marring while 1st marriage is subsisting, may also be penultimate.

mohan 03 September 2016

dear all,

i know all the problems that may come... i need some solutions and ways to keep troubles away... after many years of fights in courts and nothing happening...........have decided that i have to do this... just finding the way to attract less troubles.. ?

Has any one seen any case where the man was punished due to bigamy ? how many years can we stretch this case ??

whatnot 04 September 2016

2 worngs can't make it right.

It is not first wife you need to worried, it will be second one.

You will have problems. As simpla as that. Unless you move abroad and live a life.

Vivek 10 October 2016

Thanks Mohan for asking the query and the honorable experts providing the comments.

I am also facing the same situation where both myself and my wife are not staying together last 1.5 years. No one filed case against each other. I am waiting to complete the separation period 2 years. I feel if there is a separation of 2 years makes divorce easy.