abhishek kumar (none) 23 February 2014

Wife already married

Marriage took place in the month of december 2013, during honeymoon she disclosed that she had an affair with a persona who is already married and having two children. My family tried to convience her to forget about past and live peacefully. However, she didn't wish to do the same and herself had given an statement in mahila thana as well as an affidavit , after that she had left my house and presently residing with him.After this her family had lodged a complain against her boyfriend for kidnaping and after that she had given a statement under sec 164 of IPC where she had narrated that she had already married with her boy friend in the year 2007 in a temple and her parents forced him for marriage. She also told that my earlier marriage was not disclosed to him ( my first wife died during pregency issueless) whereas the same was already informed to her before marriage and also she herself purchased the goods for the marriage, even before marriage we had gone to movie and resturant. I had booked her train ticket also for her travel through my account. I had filled a case for nullity of marriage at my native place whereas she had also filled a case at her native place under sec 11,sec 12 (c), sec 10 (3). Please guide what action i should take, whether her marriage with a married person is valid, at the time of her so called earlier marriage she was 18 yrs 9 month old.

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5 Replies

K.P.Satish Kumar (Advocate) 23 February 2014

If your wife is already married you can disolve your present marriage by the decree of null and void in the court of law. And you can also intiate criminal action against your wife for her act.

Laxmi Kant Joshi (Advocate ) 23 February 2014

Abhishek i suggest you get rid from her after nullifying your marriage u/s 11of HMA on the ground that she was already married before your marriage and her husband is alive and she was not a divorcee at the time of your marriage she has violate the section 5(i)of hindu marriage act , fradulently and misrepresentately she had got married with you , you can file section 494 ipc & 495ipc on your wife , she had delebrately & knowingly married to you as she well knows that she had married earlier with someone else as she had accept in her affidavit submitted in mahila thana , s.495ipc is for concealing her first marriage from you as her husband is still alive .

Shantanu Wavhal (Worker) 24 February 2014

u can file IPC 494 - 495

her marriage with the already married man is no marriage in the eyes of law - its a void marriage, if any.

so she is a spniaster at the time of your marriage with her.

however, she obtained ur consent with fraud.

sec. 11 of HMA NOT applicable.

u have to file for annulment u/s 12

ur marriage is voidable

its NOT null and void.

for details, call me - u can find my no. in my profile.

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abhishek kumar (none) 02 March 2014

Dear all, one thing i just want to clear that her boyfried is already married and he had not taken divorce from his first wife and there is no proof of his second marriage. Then whether the court will accept her statement.