Javed (CA) 20 July 2012

Validity of marriage

I was married to a American citizen when i was holding an Indian passport.The marriage got in trouble and we decided to get divorce for which needed a year separation period,during this period i was in depression and visited India for 3 weeks vacation.This time my relatives and parents forced me to get married to a Indian girl even everyone knew that i am not legally divorced.The marriage was performed as per Hindu law but not registered.

We already started having trouble with the relationship as she always suspects me and she even threatened me to file case of bigamy and put me in prison if i don't accept all her wishes.Now i am already divorced from my American wife.

Now i am holding a american citizenship but i know still the Indian rules apply for marriage.

The Indian law says marrying for the second time without divorcing the first wife is a crime. Also, the second marriage when the first one is existing will be null and void.In my case the marriage is only valid in India but not in USA till its not registered but if i go for divorce then it becomes a valid marriage and i will get in trouble with US law for bigamy.In this situation what should i do ?

The only option i see is never visit India.

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3 Replies

Tajobsindia (Senior Partner ) 20 July 2012

1. No
2. The option is to surrender before Authorities and plead for lenient "fine" on compassionate grounds of second marriage in subsistent earlier marriage when second marriage took place and then become a free man. Court releases such factual matrix with fines only as they think second marriage has to be saved anyhow. There are many cases where exactly as above has happened. where your first wife is not legaly bonded with you and only error apparent that mistakenly happened when due process of divorce suit was procesed back in USA was that "society" forced an Indian religious man to second marriage. That is your "compassionate plea" to get your freedom for "on his date of marriage cause of action". Quetion of retrospective litigation does not arise by either wife.
3. That way the sword of taking a decision not to visit India will never be there nor you have to live life of constant fear away from your home and away from your own blood relations. The second wife can be kicked out at any time by self awakening surrender before court by a husband !
4. Your second wife cannot do much in terms of her pressure tactics for long read with future usage of gender biased laws of India if above are followed anyhow it is null and void marriage so ask her to shut up and go ahead and file whatever she wants. But donot produce child from this second wife as illegitimate child has more legal rights in given situation mind it!
5. Hire a seasoned advocate services and done with such matrimonial threats.
Reasoning;

Freedom of a man is more important then laving a life under pressure from second wife and life under fear of Authorities for rest of your life.

2 Like

Javed (CA) 20 July 2012

This will only create more problem as if i surrender before authority then they confiscate my American passport and i have to leave my job and come to India and live like a prisoner also then its easy for them to prove case against me in US so i would be in trouble from both side.I know in India for men there are no rights and its like putting my hands in the mouth of a crocodile and all the woman right activist and lawyers are waiting like crocodiles for a foreign or NRI to prey on it.

Tajobsindia (Senior Partner ) 20 July 2012

Ha ha

1. Then why you asked the question to us J
2. Where you expecting miracle that also via Internet forum!
3. All these you should have thought when alleged "force to get second time married" were happening. That time you closed your upper faculty.

Closing replies from my end to this post thread.

Do whatever pleases you most.