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NeedHelpFordivorce (Private Job)     26 September 2015

Second marriage with first wife mental health

A person has married and at that time she has mental issue. Their parents hide this conducted marriage, after couple of years, she was admitted in Hospital from last 6 years. She is bedridden last 6 years. Due to the mental issue of the first wife can he do a second marriage without divorce? One more important note, now the first wife parents are no more. Can he do marriage without divorce? Pls advise

 

 



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 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2015

No he cannot unless divorced from first wife,as the second marriage is not valid.Offence u/s494ipc.

"Important note,the parents of wife(don't say first wife)are no more" What signficance do these words hold for the query/clarify.

 

NeedHelpFordivorce (Private Job)     26 September 2015

Ok I, I will not say first wife. I will say current wife. As She is bed redden and her parents are not more to put case against him. Is this ok to do a seconds Marriage? Current wife has sisters can they put bigamy case again him? Or some other people files a case against him? 

NeedHelpFordivorce (Private Job)     26 September 2015

Sainath

Ok I, I will not say first wife. I will say current wife. As She is bed redden and her parents are not more to put case against him. Is this ok to do a seconds Marriage? Current wife has sisters can they put bigamy case again him? Or some other people files a case against him?

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2015

One thing certain is U R  not the husband,what way R U related to the query? It is not bigamy but adultery and according to section 497ipc he can be punished with imprisonment upto 5 yrs and fine.

saravanan s (legal advisor)     26 September 2015

unless you legally dissolve the marriage legally through a court you cannot remarry.if you did so then you will be booked for bigamy u/s 494 ipc

NeedHelpFordivorce (Private Job)     26 September 2015

As there parents are not there. Who else can file a case againest. Can her systers can put a case againest him? or some one else can file a case againest hime? Pls advise.

saravanan s (legal advisor)     26 September 2015

the blood relatives of your first wife including her children, parents, siblings are eligible to file bigamy case on you


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