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I am second wife of my husband.

(Querist) 11 October 2017 This query is : Resolved 
I am second wife of my husband. I want to know that my husbands first wife can file any case against me?
Ms.Usha Kapoor (Expert) 12 October 2017
You are a second wife and your status in the eye of law is illegal and relegated to that of A mistress. Yes his first wife may file case against you that her husband and you are guilty of Bigamy under Criminal law, IPC. AND HER HUSBAND ALSO FOR ADULTERY AGAINST YOU AND YOUR SO CALLED HUSBAND.You don't get any legal rights as the 1st wife enjoys including your husbands ancestral property.
Sudhir Kumar, Advocate (Expert) 12 October 2017
Given facts indicate that the views of Ms Kapoor are correct.

But the query is vague. It doe snot specify whether any divorce has taken place with first (rather original wife)
Dr J C Vashista (Expert) 12 October 2017
Incomplete information can not lead to form an opinion and advise.
However, did you marry the man or have live-in relation?
If both of you are Hindu and married according to Hindu rites and ceremonies, the marriage is void and the man (husband) shall be punished u/s 494 IPC but you cannot get the status of "wife" during the subsistence of previous marriage.

I disagree with the opinion/advise made by an impersonating expert, on the basis of presumption.
Vijay Raj Mahajan (Expert) 12 October 2017
Wife is the person who has lawful marriage, just by living together with a man after going through some ceremonies which otherwise do not bind in to marital knot will not make a person wife.
You have to provide complete details about your so called marriage if that ever took place, the marital status of your husband at the time of marriage with you, if he was married or divorcee at that time.
The first wife can take action against the husband for bigamy under section 494 IPC if during their existing marriage he got remarried, however that marriage should have been complete marriage that bind the couple in actual marital know with all essential ceremonies applicable to the parties.
Priya (Querist) 12 October 2017
Hi, Thanks... Unknowingly we fall in relationship but later on we are in strong bonding. I don't want any rights and anything from my husband. I just want to save my husband from his first wife. We are in live in relationship... Later did small ceremony to convince the parents. Even he is not living with me but used to come and meet me and my son. His first wife spoke to me twice or thrice she knows everything about me since last 7 years but always deny to full fill his needs. But few days back his first wife too have an affair with another guy as he come to know she is planning for case after 7 years. Please help me to save my husband. I am having 4 years son. What should I do so won't get in case. And how can we get bail. And even never I claim any rights on him.
Priya (Querist) 12 October 2017
I need strong support inspire of knowing loop faults?
Guest (Expert) 12 October 2017
Support can be expected in legitimate relations, not in illegitimate relations. However, if your husband has any solid proof about his first wife's affairs with some other guy, he may hire services of some local lawyer to get divorce from her.
Priya (Querist) 12 October 2017
Can you please let me know how to come out of this relationship legally?
Guest (Expert) 12 October 2017
You may come out of this soup with the active co-operation of your life-partner-cum-living-partner!
Guest (Expert) 12 October 2017
You may come out of this soup with the active co-operation of your life-partner-cum-live-in-partner!
Priya (Querist) 12 October 2017
Can you please clarify the term? And what legal steps should be taken to come out. What is live in partner?
Rajendra K Goyal (Expert) 12 October 2017
Live separate and assure the first wife that you are now away from the relationship. Try to have amicable solution.
Priya (Querist) 12 October 2017
Amicable solution means? And already living separtly he only comes to meet my son.
Sudhir Kumar, Advocate (Expert) 13 October 2017
You want to save your paramour (whom you call husband) form his legitimate wife.

OK them leave them to their fate.

This forum cannot advise you how to curtail rights of a legally wedded wife.
A. A. JOSE (Expert) 13 October 2017
When you are in a live-in relationship with the husband of another woman, you cannot term someone else's legally wedded husband as "my husband" please. If both of you were serious with such a relationship, first of all he should have got divorced his original wife. I entirely agree with the views expressed by learned experts Dr.J C Vashista and Mahajan that the person concerned can be booked for bigamy under S.494 IPC and it is wise for him to completely stop visiting you on one or the other excuse, including meeting of your son. It appears that you are showing eagerness to help him escape legal implications and perhaps the best help you can extend to him is to ensure that he totally stops visiting you during the subsistence of his legal marriage with someone else.
Rajendra K Goyal (Expert) 13 October 2017
Repeated at:

http://www.lawyersclubindia.com/experts/can-unmarried-girl-go-for-live-in-relationship-with-married-658736.asp


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