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NarendraR (HR)     09 April 2026

Divorce bigamy

Hello Sir, 

I married my 1st wife in 2003 and lived with her for 7 years till 2010. she is very abusive, and she has been under the influence of sleeping pills and was under psychiatric treatment. Their parents hid the fact that she had psychiatric issues and never told me about it. At times she used to be very violent physically as well. Unable to bear this situation I moved out of the house to save my life. There are no children out of 1st marriage. At this stage I met a girl and married her in 2011 without divorcing my 1st wife. My 2nd wife knows about my 1st marriage and that I am not divorced. My 1st wife is not aware of my 2nd marriage. After several years, my 1st wife is now asking for a mutual divorce to settle her life elsewhere.

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It's been 15 years of my marriage with my 2nd wife. Now there is a conflict in my 2nd marriage and my 2nd wife wants divorce now. There are 2 kids out of my 2nd marriage. In what circumstances can I be free from legal consequences? Should I divorce my 1st wife first or 2nd wife first? Please advise the best approach where I can be free from legal consequences due to this bigamy. post divorcing my 1st wife, will she still have the chance to challenge if she ever comes to know about my 2nd marriage in future?

I have married a 2nd time totally unaware of the legal implications. I was young and took incorrect decisions in my life without any legal knowledge. Had I known about it, I wouldn't have married 2nd time without legally divorcing my 1st wife. I am in a very distressed state of mind due to these conflicts. Kindly advise. 



 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 April 2026

Without divorcing the first wife, it will come under bigamy.  Without divorcing is against the law; if you say you did not know the legal way, it is absurd.

T. Kalaiselvan, Advocate (Advocate)     09 April 2026

The second marriage is null and void automatically hence you can file divorce case over the first marriage alone.

Dr. J C Vashista (Advocate )     10 April 2026

Presumably you are professing Hinduism, if so, second marriage is void, get rid of her (so called second wife), if possible. 

However, children born out of this relationship have equal rights in your property.

You will have to seek divorce from your marriage (original / first) as soon as possible to avoid any prosecution, if initiated by her (your wife ie. first marriage).

NarendraR (HR)     10 April 2026

Thank you for your valuable advise Sir. ours is an interfaith marriage. I am Christian and She is a Hindu and in both marriages we got married both in Christian and Hindu cultures and the marriages are both registered.

my 2nd wife is aware of my 1st marriage and that am not divorced and she keeps blackmailing me that she will inform my 1st wife about the 2nd marriage and put me behind bars.

if I seek divorce from my 1st Wife which I will very soon, and post the divorce, will my 1st wife or the 2nd wife still have a chance to challenge me or persecute me via the Honorable Courts Sir every in future? Kindly guide me Sir.

P. Venu (Advocate)     11 April 2026

It is impossible that htere could be definite answers to your queries because every thing depends upon the course of action that the wives may adopt.

As to the first wife's case the matter could be settled through mutual divorce.

Once that is settled you choose the appropriate course in accordance with the developing situation.

Dr. J C Vashista (Advocate )     12 April 2026

There is no such law for interfaith marriage except under the provisions of Special Marriage Act, 1954, recheck.

There should not be a living spouse of either of the party to such marriage at the time of solemnisation of marriage u/s 4(1)(a) of the Special Marriage Act, 1954.

kavksatyanarayana (subregistrar/supdt.(retired))     13 April 2026

Sir NarendraR, you may not like the advice given by Dr. JCVasishta. You may ignore his answers.  But you cannot blame him as a human. It is my request.

NarendraR (HR)     13 April 2026

@kavksatyanarayana - I think there are some derogatory comments made by someone called Shailesh and not me. Am not sure why hes even involved in this thread and making such comments.

@shailesh - This is something related to my personal matter. I am not sure why did you involve in this and make such Derogatory comments on @Dr. J C Vashista who is a Senior advocate. if you have any personal stuff to make, please message him directly and do not use my personal matter for it. I am unsure of your intentions but woudl appreciate if you can take it in a different forum and restrain from mentioning it here.

P. Venu (Advocate)     24 April 2026

The posting by Shailesh has been deleted. Of late, he has beeen in the habit of making such abusive postings, 

It is a relief that LCI admin. has provided the right remedy.


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