Civil Procedure Code (CPC)

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Second marriage without divorce first

(Querist) 19 December 2015 This query is : Resolved 
My brother-in-law was married in the year 2009. he does not have any child from this marriage and now he is planning to do second marriage.

His wife has no problem in a second marriage and she is ready for that, but she does not want to give divorce.

I would like to know that
what are legal formalities for second marriage without divorce with wife as she is agree for this.

or he has to take divorce first.
he is looking for expert advice.
Guest (Expert) 19 December 2015
Advise your brother-in-law to take help of some local lawyer and discuss the issue threadbare. Replies to your casual query may not help you in any manner.
SAINATH DEVALLA (Expert) 20 December 2015
I sail with the suggestion given by Adv Dhingraji
Advocate. Arunagiri (Expert) 20 December 2015
If the second marriage is performed without divorcing the first wife, The second wife will become illegal wife. Her children will become illegitimate children.

So, dont do injustice to a woman, get divorce and perform the second marriage.
P. Venu (Expert) 20 December 2015
There are many an aspect involved. It is not necessary that the couple are childless because of the wife; it could be that the defect is because of the husband. Have your brother-in-law ascertained these aspects medically?

It is equally possible for the couple to adopt a child.

There are lot of uncertainties in the arrangement is being proposed; there could be many an unpleasant situation in the future, uncertain as the human nature is.

Legally, the second wife would be of lesser status though the children, if any, need not be.
Rajendra K Goyal (Expert) 20 December 2015
Without divorce second marriage is not legal.
Rajkumar Tiwari (Expert) 20 December 2015
Agree with the advise given by Advocate Arungiriji. Get divorce and perform the second marriage.
K.S.Srinivas (Expert) 25 December 2015
Get decree of divorce for the first marriage, then go for second marriage.
laxmikanth (Expert) 29 February 2016
I agree with Mr.Arunagiri. Though the first wife has no objection for second marriage, the second wife and her children will suffer with illegality.

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