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sudipalipurd (None)     19 October 2010

Which wife is legal?

I have a social marriage in 2008 and we didn't registered our marriage. now my question is that  [Social] a legal marriage? i had a girlfriend with whom i previously did registry marriage [in 2004] at the time of social marriage without canceling it. My question is -

1) we canceled
[in 2009] our registry marriage [me and my previous girlfriend] after my social marriage with another person. is that cancellation legal or still it have value [the registry marriage]?

2) which one is my legal wife...with whom i did registry marriage or with whom i did the social marriage?



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 71 Replies

Arup (UNEMPLOYED)     19 October 2010

i had a girlfriend with whom i previously did registry marriage [in 2004]

- this is your first marriage.

at the time of social marriage without canceling it

- what does it mean? from whom you have not concealed it, 2nd wife?

have you obtain divorce from 1st wife? this may create problem in future.

2 Like

R.Ramachandran (Advocate)     19 October 2010

Dear Sudip,

When your earlier registered marriage was subsisting and your wife was alive, you could not have entered into any other marriage.  Therefore, your social marriage in 2008 is illegal.  So whom you married in Social marriage cannot be called your "wife". Thank your stars that your first wife did not file any criminal case against you for marrying another person when she was alive.

What do you mean by saying that you have cancelled your registered marriage?  Did you obtain any divorce through Court of law?  Otherwise, the wife you married through registered in 2004 is your legal wife.

2 Like

Arup (UNEMPLOYED)     19 October 2010

try to avoid real name and address.

your act attracts punishable offence.

but only your first wife or second wife can complain to the court and nobody else.

2 Like

khushal chilbule (asst. manager)     19 October 2010

DEAR SUDIP,

Unless you and yours first wife admit the first marriage, it would not be said to be a "MARRIAGE".  For your second wife this is her first marriage. Unless second wife  takes a stand that she was unaware of your first marriage she won't get the status of first wife. but the both should be disclosed simultaneously. But once you admit that you married before the social marriage, you are liable to be punished. neither you nor court can not deny the legal status as a LEGAL WIFE to second wife.

R.Ramachandran (Advocate)     19 October 2010

Dear Mr. Kushal,

According to Mr. Sudip, the first marriage was registered.  Therefore,  how can you can that "unless you amd upir forst wofe ad,ot tje forst ,arroage. ot wpi;d mpt ne saod tp ne a 'marriage'"?

1 Like

khushal chilbule (asst. manager)     19 October 2010

sudip's matter is concerned with a marriage only. For Divorce there must be a marriage.  If hubby n wife both deny the marriage then where the question of registration arrise? Even though it is there then how long it may be in force? of course untill the so called 2nd marriage of 1st wife of Sudip. Once she got married; the resistration would be automatically become null & void.

khushal chilbule (asst. manager)     19 October 2010

please read infructuas in place of null & void.

Arup (UNEMPLOYED)     19 October 2010

2nd marriage will be treated as void marriage.

2 Like

sudipalipurd (None)     19 October 2010

i have to do social marriage as there is pressure from my home.

now what if me and my girlfriend want stay together as husband and wife as we are registered our marriage earlier in 2004.

is there any law which could apart us...? isn't there any solution?

khushal chilbule (asst. manager)     19 October 2010

There must be FIRST  to prove the SECOND. otherwise in the absence of FIRST the SECOND will automatically placed at FIRST.

sudipalipurd (None)     19 October 2010

"There must be FIRST to prove the SECOND. otherwise in the absence of FIRST the SECOND will automatically placed at FIRST."

Sorry i didn't understand. r u talking about legal papers of 1st Registry marriage?

khushal chilbule (asst. manager)     19 October 2010

It will be better to both of you keep quiet untill you & yours first wife both got remarried others. Everything will be ok then.  In such case your 2nd wife would be LEGAL WIFE.

Renuka Gupta ( Gender Researcher )     19 October 2010

Kushal, now you are confusing laypersons a bit. When it is clearly said in the query that SP_A got his first marriage registered, then where is the confusion regarding his first marriage which stands valid in the eyes of law. Or are you suggesting something undesirable  but all in too subtle a way? I am sure his first wife must be having her marriage certificate and documents related to her marriage. 

When lay persons ask some questions to get out of the mess created by ignorance or wilfulness, we expect advocates to be clear and write their thoughts in a  clear and simple language.

Or have not I read the query properly or misconstrued the meaning???

Renuka Gupta ( Gender Researcher )     19 October 2010

Oh,  I am sorry Kushal, as I thought you are an advocate which it seems you are not!


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