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Is second wife legally married wife?

Page no : 2

trinath (n/a)     12 July 2011

The first condition for a Hindu marriage under Sec.5 of the Hindu Marriage Act, 1955 is that neither party has a spouse living at the time of the marriage and violation of this condition either by the male or female would render such marriage as a nullity. Marriage took place between you and another female during the subsistence of first Constitutes contravention of the condition specified under Sec.5 (i) nd thus becomes null and void under Sec.11 of the Act and annulled by a decree of nullity  by the Court under Sec.12.

You must also know that contracting a marriage which is void invites a punishment for bigamy under Sec.494 and 495 of the Indian Penal Code. Of course, the Statute has taken care of the children born out of such illegal marriages and Sec.16 gives the status of legitimacy to a child born out of a marriage though it is null and void.

you are advised to contact a lawyer in person, instead of opening the issue for general debate and advice, and seek a proper legal remedy for seeking a divorce from your wife. The female who married you during the subsistence of her married life has committed a double crime and she cannot be treated as your wife, and there is no such term as second wife which can be used in your case.

trinath reddy k

Sameer12345 (SSE)     18 July 2011

Hello everyone,

 

I got to know that question may raised that how divorced is done between parties is allowed in custom. and mine and my wife's first divorce may be considered valid. 

I dont know whether customary divorce is valid in my caste or not?

I dont know whether notarized divorce deed can be valid or not?

If someone has strong opinion than please give some light....

Caste: Prajapati

State: Gujarat

Shaulabh Shah (advocate)     18 July 2011

Hello...

You may verified in your caste that there is any customary divorce is done ealier... and I belive that if you are not sure in this regards , than it is advicable thing that you have to applied for the consent divorce petition.

If the customary divorce is permissible in your caste then your notatized divorce deed have legal effect....

I am also residing in Gujarat (Ahmedabad)... In my opinion, In your caste prajapati, you need divorce by court  for legal effect

Reply By; Shaulabh Shah Advocate

Website: www.shaulabhshah.com


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