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malini (auditor)     24 October 2009

exparte divorce and marriage

Dear sir

One of my friend remarried after getting  divorce from his wife. At the time of divorce they had a male baby. In the 2nd marriage he didn't have any issue and there is lots of misunderstanding with the 2nd wife and both of them are not living together for a period of 3 years. the girl he married second is already a divorcee(exparte divorce given by her ist husband).

My friend wish reunite with his first wife. Is it possible to live with his 1st wife without settling the 2nd wife. what is to be done in this case.

Can you please advice.

Thanks and regards

malini

 



Learning

 29 Replies

Anish goyal (Advocate)     24 October 2009

Your friend can't get married with his first wife without getting divorce from 2nd wife
1 Like

malini (auditor)     24 October 2009

thanks for your immediate reply. can he meet his son? as per the divorce agreement, he need not pay anything to his wife or son, and the enitre rights over the son is with the i st wife.

stupidly he has given his ist wife name in all his documents i.e from passport to lic.

what is 1st wife status, if he is continuosly meeting her and going out. is the 2nd wife can sue her?

can you please advice

Thanks & regards

malini

 

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     24 October 2009

In the name of meeting his child he can do so but once he had written in divorce agreement that whole rights of son will remain with his first wife so he has to wave this point through court and get the visiting right after that no one can made any objection but first wife will never get status of his wife untill he got divorce from her second wife.

I think he want to remarry with first wife. Then he can get divorce from second wife and can remarry.

Regards
adv.kamal.grover@gmail.com

1 Like

Suchitra. S (Advocate)     24 October 2009

Malini ji, First of all, you make it clear that no act like settling with a divorced wife or meeting child because he is his son is entertainable without a legal right. Yes, his second wife can sue your friend for maintenance if she comes to know that he is neglecting to maintain her, coz, she is the legal wife now. Your friend has to seek permission by the court if he wants to see his child or keep son with him. He cannot act according to his whims and fancies.

1 Like

Suchitra. S (Advocate)     24 October 2009

Malini ji, even if your friend wants to live with his first wife, he has to get legal divorce from the second wife and then marry his first wife again.

1 Like

Anil Agrawal (Retired)     24 October 2009

Why should doubt arise in your mind? Your friend wants to marriage the 1st wife or x or y or z while his legally wedded wife is living. This bug should be removed from his mind. No divorce, no marriage.

He wants? What is the value of his want? Does his 1st wife also want and is the second wife ready for divorce? Remember in giving divorce, aliminony and maintenance may make him pauper.

I think living with any woman without getting married (e.g. live-in relationship) is not adultery.

1 Like

malini (auditor)     24 October 2009

Thank you all for the reply. i wish to post only one question. in my friend case if the 1st wife willing to live with him (live in relationship) with their kid, can the present wife sue her? what is the status of 1st wife in that situation

malini

 

Suchitra. S (Advocate)     24 October 2009

Malini ji, the first wife can choose to have live in relationship with him. the present wife cannot sue her as the first wife is a divorcee now. Regarding the status of first wife, if she has live in relationship with your friend for considerably long years, she will have property rights over his property. Her son is the legal heir to his property anyway. Live in relation cases have come before the courts regarding property issues, and SC has considered that a woman who is in live in relationship with a man will have rights over his property.

1 Like

Anil Agrawal (Retired)     24 October 2009

 The second wife can't do a thing. There is complete freedom to live with anybody. As rightly pointed out by Ms. Suchitra, live-in relationship, except for legally wedded wife, gives total protection and right of inheritence.

1 Like

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 October 2009

 Dear Malini,

You friend has to divorce the second wife and marry the first wife to lead a pace full family life.  Other wise it may create complicated legal issues, including adultery. 

 

Biju Gopal

www.familylawyers.in

Anil Agrawal (Retired)     25 October 2009

 To avoid the charge of bigamy, divorce the second wife and marry the first wife. That is law.

To achieve the desired objective, in my humble opinion, you would become too old and the second wife will make you pauper. It is not like buying peanuts.

1 Like

malini (auditor)     25 October 2009

thank you all for the reply.

but i need to clarification on adultery aspect. if the 1st wife choose to have live in relationship with my friend will it become adultery.

why i am asking this means, there is a difference of opinion between the learned professionals reply given here.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 October 2009

 If any one, who has a spouse, engages in s*xual intercourse with any other lady/man, is liable to be punished for adultery.

Anil Agrawal (Retired)     25 October 2009

Please understand what adultery is. It means voluntary s*xual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband. This is law.

Now you, I and the society do not view with favour any woman (it could be daughter, sister, wife) going out or living with another man not her husband. It equally applied to a man. But ours being man oriented society, his follies are soon forgotten and forgiven

You will have to move heaven and earth to prove the charge of adultery and yet you will fail. Please understand the reality of life. We say our netas and babus are corrupt. O.K. So what? We know they are but what can we do? Our courts work on evidence, proof, witness. Your assumption, knowledge and hearsay have no value.


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