Remarriage

Muraleedhara (Querist) 22 July 2016 This query is : Resolved
Iam a 52 years retired army person . iam married a girl sine 1984 September 9th . living with her up to 2001. She is a state government employee. Our marriage is not in registered. But my entered her name in my service record . two children's me. One son and one daughter. Son is 30 years he married .daughter is 36 years and she is married . we are seperated in 2001. After five years iam remarried and this married is registered . now my old wife is complaint through Kerala women's commission for my property. What can I do please help me.

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Kumar Doab (Expert) 22 July 2016
You have posted that:

' Son is 30 years he married .daughter is 36 years and she is married ............iam married a girl sine 1984 September 9th ...............we are seperated in 2001.......................After five years iam remarried and this married is registered . '

You can not have son of 30 years and daughter of 36 years from either marriage.

If you are not divorced by court order then you can't remarry.

The wife has no forced share in your self acquired property in your life time.

You seem to have grossly erred.

adv.bharat @ PUNE (Expert) 22 July 2016
Agreed with expert 36 years daughter is not possible since marriage is on 1984.

Sudhir Kumar, Advocate (Expert) 23 July 2016
you said you are separated. You never said you are divorced. If you have remarried without divorce then as and when your lawful wife complains you have to go to jail.

If that is so then beg for mercy.

Sudhir Kumar, Advocate (Expert) 23 July 2016
Give full and correct facts as observed by Mr Kumar Doab.

R.K Nanda (Expert) 23 July 2016
State facts clearly.

Rajendra K Goyal (Expert) 23 July 2016
The age of your son / daughter are wrongly mentioned by you, not possible.

Living / marriage with other without divorce from first wife through court is illegal and if first wife lodge a complaint, you can be sent to jail.

Marriage with first wife is valid even though it is not registered.

P. Venu (Expert) 23 July 2016
Your first marriage subsists and she is a legal heir to your property. The marriage has taken place; it makes no difference that it is not registered.

The second marriage, though registered, is not lawful. And you are liable for bigamy.

It appears the age of the daughter is wrongly mentioned.

Guest (Expert) 23 July 2016
The Marriage which you Claim as Registered is Illegal and entitles you for Committing a Criminal Offence and Cheating the Marriage Registrar with false Information.Be Prepared to Reap the Consequences.