Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rising up again (FFF)     03 October 2013

Personal advice....

Dear Experts,

My story in short..

10 yrs of marraige. problems from day one. trying for a MCD but the b**** asking for 2 crores and custody of son, which is not acceptable. hence going to courts.

Since last 2 years i have an affair with an unmarried girl. As i am around 39, the lawyer adviced me to settle down wid her with a secret marriage and thennot stay with her till we get divorced. We can start a family too and announce this only when i am free from this divorce. Is it ok to do so ? i know very well that 2nd marriage is il-legal but cannot waste important 4-5 years in legal battles and then get married which would obviously be toooo late for me and my gf.

 Plz suggest if i can do the above ?? what can be the complications and what should i follow to keep it a secret ???

 



Learning

 5 Replies

Samir N (General Queries) (Business)     03 October 2013

Have you heard the saying "jumping from a frying pan into fire?"


You will be doing just that. Now you are in a frying pan. Your second marriage will have no legal standing so you may call it a marriage but it will not be a marriage. You can call this "event" or "ceremony" that you want to conduct by any other word. Also, the nature of romance in today's day and age is such that it is usually transient and one has to be prepared for the worst. One always has to ask the age-old question: "What if?" In your case, this question would be "What if my second relationship also turns sour?" Well, then a good advocate (albeit that term is an oxymoron, meaning contradictory, in itself) of your second wife can accuse you of RAPE. That you had s*x with your so-called wife knowing that she is not your wife and by misleading her into a false sense of belief that she was legally married to you. This is precisely covered in the Indian Penal Code. So, friend, love, shove bhool ja. Practically soch. Also, you should know by now that age is just a number. Do not be too bothered by this number if you are the energetic type. I know 60 year old men who have the energy (in every sense of that word) of 35 year olds and I know 30 year olds who are as lethargic as a 70 year old. Hope you get the point.


As for your advocate's advice, "the lawyer adviced me to settle down wid her with a secret marriage " it only corroborates what I have been saying all along that advocates in India are a bunch of illiterate and crooked morons and that LLB is equivalent to 12th standard fail. If you have a desire to take PRACTICAL advice from an educated person in India, meet a Doctor, a CA, a school teacher, especially from a village (the best in this list), a professor or engineer from a good college. Even advice from a sweeper (chaprasi) may be worth listening to. But never from an advocate! Logic? A chaprasi was most probably deprived of opportunity to study due to his family background. An advocate? He most likely became one because he failed to pursue any other profession due to a very low IQ.


This is my first and last post on your question. GOOD LUCK!!

1 Like

Laxmi Kant Joshi (Advocate )     03 October 2013

I will not suggest you to re marry now because according to hindu marriage act you can't remarrage without giving divorce to your first wife if you do so then your second marriage will become null and void , and also you will be charged of bigamy u/s 494 ipc, and you become in trouble to get rid from your first wife,so better is this go for divorce /mcd and get decree of divorce from the court and then wait for 90 days , if no appeal against the decree then you become a legally divorced and free to marry to your friend.

(Guest)
Originally posted by : rising up again

Dear Experts,

My story in short..

10 yrs of marraige. problems from day one. trying for a MCD but the b**** asking for 2 crores and custody of son, which is not acceptable. hence going to courts.

Since last 2 years i have an affair with an unmarried girl. As i am around 39, the lawyer adviced me to settle down wid her with a secret marriage and thennot stay with her till we get divorced. We can start a family too and announce this only when i am free from this divorce. Is it ok to do so ? i know very well that 2nd marriage is il-legal but cannot waste important 4-5 years in legal battles and then get married which would obviously be toooo late for me and my gf.

 Plz suggest if i can do the above ?? what can be the complications and what should i follow to keep it a secret ???

 

It totally depends on how effective you are in hiding this second goof up. Its just matter of time that she will find out. But there are masters of disguise too. To fall into the pit there is only one way, become blind and just fall into the pit. But not to fall into the there are many other ways.

Hitender Chouhan (lawyer)     03 October 2013

My dear, pl don't re-marry until you got divorced because before getting divorce 2nd marriage is illegal. You and your new family will be have legal problem once it is found the your 2nd marriage date is prior to get the divorce 2nd marriage will be declared illegal and all act during this period would known as illegal. The 2nd marriage date in all legal papers i.e. marriage certificate, other registration where you have to declare spouse relationship i.e. passport will be illegal.

So it is my suggestion, please don't keep any record of date of 2nd marriage before getting divorce.

T. Kalaiselvan, Advocate (Advocate)     03 October 2013

Mr. Joshi is right suggesting you to not to venture upon marrying another girl while you have not legally divorced your  wife, i..e, besides the 2nd marriage becoming null and void while 1st marriage already subsists, you will be put behind bars to count them for another 7 years for the offence of bigamy.  Hence, if you want to marry the girl with whom you have an illicit affairs, continue the relationship candidly but without anything called marriage and for that matter do not even think of including her name in the family card or anything connected with you in your domestic life because that will become a barrier for you in getting divorce from your wife.  Be alert. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register