Two marriages by husband


Respected,

                         My sister is going to marry a person who is already married. His wife is alive and there was a problem with their first marriage that they didn't have children due to some problems. So he has now made my sister to fall in love with him and he is doing every possible thing to marry my sister so that he can have a child. Me and my parents are against the marriage and dont want this marriage to take place but my sister is saying i will marry to that person or else i will not marry ever. That person says that he has talked to his wife and she is also agreed for this second marriage. However,he has not yet talked to his parents and he is saying that they will not even interfere as they are very old in age. I think that,that persons' only reason for second marriage is to have a CHILD,nothing else. My sister is in Govt.job. will this affect her job too?? 

                       PLEASE HELP me to come out of this problem. ? Is this marriage legal?? Also some laws which are against this.

 
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Advocate

Consent to any acts prohibited by Law is immaterial and he can be booked under the offence of bigamy.Better get divorce first and go for second marriage.


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Worker

the second marriage will be void-ab-initio.

even if first wife gives consent (even written consent), 2 nd marriage will not be valid.

the man can be booked for bigamy.

but remember - either 1st / 2 nd wife can file complaint of bigamy - no 1 else.

if both the wives do not have objection, the man can not be booked for bigamy.

its the case like - Miya biwi raji, to kya karega Kazi !!

 

however, u can stop the second marriage, as it is illegal


LAWS :

sec. 5 (i), read with sec. 11 & sec. 17 - HMA, 1995

IPC 494

as per central civil services conduct rules, your sister will loose her govt. job if she performs this marriage.



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law student (internship in high court)

i thing yes but india absolutely no dear if she want to marry with him then permitt her but first she give direction for her future husband to convey his wife to give divorce on mutual concent not any other ground then after it's done that is good for u and ur family and mostly that thing is nit effected on your family for as like as reputetion is also protected. 

 
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law student (internship in high court)

but if her future husband are convey with him his wife to give divorce then it's not affected her job i know u r my senior sorry for give direction on the prescribed topic.

 
Reply   
 
Worker

@ Bhaumik Patel, 


I strongly disagree.


what makes u suggest destroying the marriage of first legal wife ??

 
Reply   
 
Worker

@ Bhaumik Patel, 

also, the author of this post is looking for the means to stop the second marriage.

 
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law student (internship in high court)

m not agree with you how can it possible the person who already married and he want to marry with her in this case only the second marriage is remedies then it's mean if it's done thaen that is the void marrisge.

 
Reply   
 

Yes i want some means so that i can stop the marriage as it will affect the family in many ways also it affect the reputation.

And it is sure that he will not be giving divorce to his first wife as they need a child for their future generation as he is the only son of their parents.

 
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CEO

If at all your sole aim is to stop the marriage then I think simplest way is to collect evidences of his first marriages like photograp etc and keep it with you and let the marriage take place but right before the ceremony call the police and let him explain what he is trying to do? I mean why only wife can raise the objection or file a case of bigamy when you have sufficient proofs that 2nd marriage is being solemonised without getting first nullified.

This will make you a villain in your sisters eye but definitely save her from being simply a KEEP for this man without any rights of wife.


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