kumar (private employee) 24 May 2009

Please help to my friend

this is typical situation can you guys help in this issue

my friend got married one year back...

Girl is not health and she is partially blind..she can;t see clearly..they got married in Tuljapur so both went to temple to stay one night..she fall down and join in hospital 8 months treatment..then Boys side came to know that she having Eye vision problem..

On that time Girls side support boy to marry another girl they ready to cooperate....Becaue of their words Boys side got engagement with another girl..

Now situation is...Wife is not accepting to give divorce...and she rejecting and not cooperting even girls side..

can you please advice how to solve this issue...

-- can guy file case against her..Cheating Case and fraud case

-- can a guy marry women..

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6 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 24 May 2009

While the first marriage is in subsistence without getting a decree of divorce from the Court of Law getting married is an offence under Indian Penal Code. There is no question of the boy initiating any action against the girl (first wife) and on the other hand the girl (first wife) can give a complaint against the boy for bi-gamy.

adv. rajeev ( rajoo ) (practicing advocate) 24 May 2009

If ur frnd is Hindu, he cannot go for second marriage when the first marriage is subsisting. Before marriage what ur frnds were doing, they could have enquired about all these. Any how ur frnd is got marriaged so let him lead his wife towards kinldy light.

adv. rajeev ( rajoo ) (practicing advocate) 24 May 2009

Lead kindly light

Swami Sadashiva Brahmendra Sar (Nil) 24 May 2009

there is no prohibition to file a cheating case . but you must have strong proofs. divorce also can be filed on the ground of fraud.

A Truthseeker ( A retired Indian citizen) 24 May 2009

Mr.Vadralii is correct. it appears the marriage is not a love one.still the marriage is complete and you should not snap the tie only on this ground. if your second wife is found with another physical , may be internal incapacity but more serious what you wd do? pl. ld. kindly light.

Srinivas Patnaik (Advocate Orissa High Court) 28 May 2009

Your friend cannot marry a second person unless the first marriage is disolved. Regarding your case I personally feel the defects pointed out by you were apparent on the body and the same was visible to any person having a sound mind .

Had it been a case of unsound mind or some mental disease things could have been different .