After 2nd marriage got decree of divorce from 1st husband
pranitha
(Querist) 30 May 2018
This query is : Resolved
Hello
I got married my husband before getting divorce from 1st person..after 4 months of 2nd marriage i got decree of divorce.is my 2nd marriage valid.now the 1st person is blakmailing me to file a case against me nd my husband..what will do now..
Some1 please help me
Thank you
Ms.Usha Kapoor
(Expert) 30 May 2018
Both you and yo9ur 2 nd husband remarry under Special Marriage Act and become Man and wife once again and ge a cert8ficate of marriage from the subreg8strar.
Guest
(Expert) 30 May 2018
Your second marriage is illegal before taking a decree of divorce. You can be charged with the offense of bigamy. Making marriage again with your 2nd husband cannot be the solution to your problem. Even if you make a marriage again with your second husband, your offense made before getting divorce cannot be diluted. Specially, if you are Hindu, Special Marriage Act, as advised by an expert, cannot regulate your 3rd marriage with your 2nd husband. Only peaceful mutual settlement with your first husband can give you relief from the threat.
Guest
(Expert) 30 May 2018
Presently you have no connection with your first husband and legally divorced. Ignore his calls and do not attend or record his calls and file a police complaint. He is only trying to take illegal advantage. What complaint he could make now when he is no more legally connected to you. His complaint would have carried some merit if it was made before divorce. Now he has no rights to reopen the issue and it is just a black mailing.Discuss with local criminal side Advocate
Ms.Usha Kapoor
(Expert) 30 May 2018
there you made a good point.I agree with Raj Kumar Alias Narasimha.
pranitha
(Querist) 30 May 2018
My 2nd marriage succefully completed 3 years...since 2 months am facing this prblm frm 1st person
pranitha
(Querist) 30 May 2018
If that 1st person married den my 2nd marriage valid?
Iam not sure but i heard from one of my frnd that 6 mnths bak he got married...
Guest
(Expert) 30 May 2018
Second marriage in his case, being after divorce, may be valid, but not in your case, as you made before the court awarded a decree of divorce. Offense once committed that cannot be nullified by any subsequent events, except exoneration by the court of law in a legal way.
Guest
(Expert) 30 May 2018
It is nothing but a criminal Intention of you Ex Husband you should not yield to it even if criminals here or there could support him.Your Ex person has No Right to involve in your matters now. Discuss with a Criminal Side Advocate of your place.
Vijay Raj Mahajan
(Expert) 30 May 2018
You married a second time without getting first marriage dissolved by decree of divorce means your second marriage was null and void. You could not get the second marriage dissolved by decree of divorce as it was not at all valid marriage, only valid marriage can be dissolved by decree of divorce not the one which is null and void.
You made mistake by marrying second time during the existing of first marriage, which is offence of bigamy punishable under section 494, 495 IPC. Your second husband indulged in physical relationships with you while you were still wife of another person, he committed offence of adultery punishable under section 497 IPC.
Your first husband can very well file criminal complaint against both you and your second husband and get you prosecuted and if found guilty punished for these offences.
Adv. Yogen Kakade
(Expert) 30 May 2018
Whatever may be the circumstances.. the answer is NO..
Your second marriage is not valid in the eyes of law.. If your husband has decided to file a criminal case against, prepare for defense.
rajeev sharma
(Expert) 30 May 2018
In fact two good advises have been made to you and i am just putting both together. Firstly Mr. J.S.Rajkumar rightly advised that your ex husband can do no harm to you if he does anything wrong just file a criminal complaint against him. Don't get blackmailed.He cant get your second marriage annulled . Now coming to second aspect i.e. legality of your second marriage, it is rightly advised by Mes Kapoor get your marriage registered now it will save you and your children from any future legal complications
Guest
(Expert) 30 May 2018
Thanks to Advocate/ Expert Mr.Rajeev Sharma
Charanjit Singh Ghumman
(Expert) 30 May 2018
When your first marriage is valid, as it is in this case, your living with the second person- with whom your marriage is void ab-initio- is just a live in relationship.
As you have obtained a divorce decree from your First husband now, your lilving with the second person is still a live in relationship as he was never your husband - your second marriage is not legally valid marriage.
After your obtianing the divorce from your husband- first one so to say- you are a divorcee now, and you can marry againg in a proper legal manner.
Regarding the question of adultery by your second husband , it was an offence at the relevant time when you were yet to obtain the divorce.The court may not consider it as a very serious matter.
Now it has no/limited relevancy. It would not be possible for him to take criminal action against you.
Worry little less. If your first husbant files a complaint in Police the contents of F.I.R. will have to be examinied. Till then rest in peace.
Marry again in a lawful legal manner and get it registered. after mentioning you are a divorcee now.
Guest
(Expert) 30 May 2018
Any Complaint of Adultery Could be made by the concerned Legal husband Or wife only. Now almost three years had gone after divorce and presently the Ex husband is Legally no one in your life. It should not be his botheration what happened in the past in your life.no one would entertain his such complaints. even whether you are legally married to a person now or even living together with a person even before Divorce can not be his botheration now. Discuss with local advocate.
P. Venu
(Expert) 30 May 2018
In my considered opinion, the ex-husband has no locus standi to set in motion any criminal action against you for bigamy or adultery, as the marriage has already ended with the decree of divorce. As far as the second marriage(?), it is limited consequence that marriage could be held to be null and void. The effect of a void marriage is limited to any claim or relief against the other spouse in the event of the relationship becoming strained. Let us hope that present marriage would be devoid of such strains.
Guest
(Expert) 30 May 2018
Although your husband may not be able to file an adultery case after divorce, but anyone, including your husband, can file a bigamy case against you, as I said offense once committed cannot be diluted in any way even after divorce.
Guest
(Expert) 31 May 2018
Dear querist , the Adultery if at all it is proved with solid evidence it could be a ground for Divorce only which your ex husband had already got.More over no criminal proceedings could be initiated against Indian Women for Adultery as per Indian Laws Ref Sec 497.. So just Do Not Worry Please.
P. Venu
(Expert) 31 May 2018
CrPC Section 198 mandate that cognizance of offences against marriage could be taken only upon by a person aggrieved by the offence:
198.Prosecution for offences against marriage.-
(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code(45 of 1860) except upon a complaint made by some person aggrieved by the offence:
Provided that-
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorized by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under section 494 of the Indian Penal Code(45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister.
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.
(4) The authorization referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorization and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code, (45 of 1860) where such offence consists of sexual inter-course by a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.
Divorce result in complete severance of relationship. Such being the case, how can an ex-husband be an "aggrieved person"?
Vijay Raj Mahajan
(Expert) 31 May 2018
When the offence of bigamy and adultery occurred the marriage between first husband was still intact only after 4 months the divorce dissolved the marriage.
There is no time limit under section 468 Cr. P. C for filling criminal complaint for both these offences u/ s 494, 495 and 497 IPC as in all these cases the punishment is more than 3 years imprisonment.
The ex-husband was aggrieved husband at the time these offences were committed by the wife and her second husband.
The court will consider that punishable offences committed at the time before the marriage between the wife and her first husband came to an end not that the ex-Husband is filling these complaints after the divorce so he is no more aggrieved husband.
Guest
(Expert) 31 May 2018
Just ignore and proceed in life pleasantly and peacefully . No claim or complaint would be encouraged after 3 years of divorce and it is nothing but mere Black Mailing.
Dr J C Vashista
(Expert) 31 May 2018
A good academic exercise taken by experts for a hypothetical question paper, without any oita of truth.
pranitha
(Querist) 01 June 2018
Kamakshi mam my second husband knows evrything about my 1st marriage before my second marriage itself..i didnot cheated him..after telling all these he supported me at that tym..
pranitha
(Querist) 01 June 2018
Nd we got married at the tym of judgement final stage..but now 2nd husband is saying dat our marriage is not valid so iam gng to marry anothr gal..that is the prblm am facing ryt now...
pranitha
(Querist) 01 June 2018
Thank you..gudnyt
Guest
(Expert) 01 June 2018
I wonder to see that aunty Kamakshi has endorsed my opinion!
Guest
(Expert) 01 June 2018
Another surprise is that aunty Kamakshi has started teaching English to lawyers, instead of giving legal advice to the solution seekers.
Guest
(Expert) 01 June 2018
Still another surprise that aunty Kamakshi also seems to be running a matrimonial business, as she proposed to show good boys to the query maker for marriage. She seemed to be a multi-faceted, multi disciplined and multi profession aunty.
Guest
(Expert) 01 June 2018
Kamakshi aunti, you have not sent me any such PM with your office address, as you stated falsely. If you send, please send you real name also. By the way, what is your real profession that you do through that office?
pranitha
(Querist) 01 June 2018
We normal people dont the law nd rules here we are asking for sugetions.there is no valid reason to comment on another persons.
Dhingra why u r commenting kamakshi for last message i didnot felt bad about that message i took that in a positive way..not only kamakshi's message i respect all sugetions nd in a positive way
if possible give only sugetions to normal people.we dont knw who is genuine nd who is fraud just we come to know what is what right.dont fight on persons comments we get confused.
am sorry if i hurt anybody's feeling through this message. I felt bad thats y i took a chance to post this.
Thank you so much everyone.
Vijay Raj Mahajan
(Expert) 01 June 2018
You keep on sending PMs when you have been told your second marriage is null and void even though it was attended by more 1000 people, reason is just because your first marriage was not dissolved by that time. This is a legal technical issue and all those philosophical sermons give by anyone will not resolve your problem.
You are a free person and so is your second husband to move out and remarry.
As far criminal cases are concerned that are not yet filled and if anytime are filled than those will be handled by competent advocate whom you can engage, till that time move ahead in your life as a free person.
No divorce needed from second husband as that will not be allowed but decree of nullity can be obtained under section 11 HMA for Hindu Marriage.
pranitha
(Querist) 01 June 2018
Thank you vijay raj mahajan.i just want to know the posibilities.thats y i send it to 3or 4 experts.i did that yesterday.i wil not send to anyone as PM.
Guest
(Expert) 01 June 2018
Ms. Pranitha,
Your comments on me are quite uncalled for. I know your query is merely a hypothetical academic query of a law student, not a real problem of a divorced lady. However, I replied your query keeping in view of the legal position. But, do not try to falsely pose, what you try to represent. Why would you mind on the proposal of Ms. kamakshi for boys for you to marry, when you do not have any real problem? If you have sympathy or even some relation with her, keep that restricted up to you only.
Further, you could better have restricted up to your question and replies of the experts, whatever ideological difference difference be between the experts. Don't try to impost as advisor on the experts.
Have you seen her heinous abuses for me in the following thread she hurled on 30.05.2018, like a sex worker? If not must see and tell me what is your opinion about her?
http://www.lawyersclubindia.com/experts/Dowry-demand-and-physical-harashment-682291.asp
Guest
(Expert) 01 June 2018
Mr> Dhingra alias jigyasu no doubt you are an idiot but better mind your words. You can not throw your rubbish and insulting words on innocent lady Advocate/ Experts and what you had stated should be your profession . Better Mind your Words. Would you mind if some one posts such rubbish on your family members.
Guest
(Expert) 01 June 2018
Mr. NJS Rajkumar alias Kumar Doab alias Kamakshi alias Usha Kapoor,
Shall I not be right in assuming that you are a womanizer, as you immediately come forward to support every person having female names. But rest assured, Kamakshi is not a woman, as she pretend. She is not even an advocate. She is appearing with fake name and ID just to abuse anyone and everyone.
You claim to be alias Narsimha, but in my opinion, you are not even a 'nara', as you act like a joker of the third grade and a tout of the same grade for women also. You seemed to have enjoyed his dirtiest abuses hurled at me or would have immediately got blinded as and when you would have tried to open that thread, as reproduced above. I reproduce here also for your information:
http://www.lawyersclubindia.com/experts/Dowry-demand-and-physical-harashment-682291.asp
But, rest assured the day will not be far off, when she would call you also, "chu**ya" and "bho*dee ka", as she used to abuse me. Being a south Indian, if unable to understand the meaning of both the abuses, better ask some North Indian residing in your city Chennai. He will tell you the real meaning of those abuses.
Don't you know, she can be sued in the court of law for her criminal activity?
So, better try to live in your own skin instead of touting and pampering such type of criminal ladies. Don't try to be a self imposed arbitrator by poking your nose anywhere and everywhere.
Guest
(Expert) 01 June 2018
Kamakshi aunty,
Where disappeared your address from your PM? Check the copy of your sent PM. I can predict, one day you will definitely be behind bars on account of your criminal activities that you commit with your fake name and ID. Do not forget to call your supporter, Mr. NJS Rajkumar, for your bail on happening of that event.
.
Guest
(Expert) 02 June 2018
Dhingra alias Jigyasu is really Proved. Now the Dhingra is out with his original colors and could vanish any time. Better Look at the language dhingra had used.
Guest
(Expert) 02 June 2018
Mr. NJS, alias Kumar Doab, alias Kamakshi, alias Usha kapoor, you have already claimed to have me got suspended twice, why not now also to get me vanished by the LCI Admin, if that works at your command. You should have better observed the language used by Ms. Kamakshi for me. By your blind support of the ladies with absolutely foul language, you compel me to believe as if you have some connections with them.
IS THE LCI ADMIN REALLY UNDER YOUR COMMAND, AS YOU ALWAYS THREAT ME TO GET SUSPENDED OR VANISHED?
Ms.Usha Kapoor
(Expert) 06 July 2018
I stick to my view and Vijay Raj Mahajan's view.
Ms.Usha Kapoor
(Expert) 07 July 2018
I stick to my view and Vi9jay Raj Mahajan's view.
