Querist :
Anonymous
(Querist) 20 December 2011
This query is : Resolved
If any male aged 36yrs marries here an lady who is married to other person and migrated to foreign country and not got divorced with the first husband and also get an marriage certificate of second marriage as showing it as first one.no w both are living togethr and obtained an visa from tat countruy as spouse,and now first husband here in india.tell me how legal it is or how can the second marriage is possible for which they have obtained an marriage certificate.also I am witnessed it.now i am in worrry it may happen any illegal procedures. pls help me also pls tell me how to withdraw my witness to this marriage second.
ajay sethi
(Expert) 20 December 2011
second marriage is illegal . first husband can file criminal case against his wife for adultery .
as far as you are concerned you are only a witness . you were not aware that she was already married . your name cannot be with drawn as witness
ashutosh mishra
(Expert) 20 December 2011
Yes!Mr.Sethi is right.The second marriage is illegal consequently every thing done under it is also illegal and the wife has exposed herself to prosecution for several offences.
However you can plead safe that you new the second husband and did knew the that lady had subsisting marriage.However there can not be your withdrawal from wittiness.
Shonee Kapoor
(Expert) 20 December 2011
First husband can file for bigamy against wife and adultery against the second husband.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 20 December 2011
Yes the views are all right. The second marriage has no sanction of law and a non est in the eye of law. The second husband would now suffer.
Raj Kumar Makkad
(Expert) 20 December 2011
Husband is first and live in relationship is with second person without obtained a formal decree of divorce is an offence on the part of wife so she can not only be prosecuted under the provisions of IPC but this is the best ground with the husband to get rid of such lady by filing a petition seeking a decree of divorce.
mahendrakumar
(Expert) 21 December 2011
witness documentation cannot be withdrawn at any case.
unless you were connected with the first marriage in any manner,your witnessing the second marriage will not be a problem for you.
prabhakar singh
(Expert) 21 December 2011
Yes!all have correctly spoken.You as witness can not withdraw but need not worry just because of being witness to second marriage.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup