Vishal (manager) 11 March 2014

Second marriage

My wife suffered from a brain infection in sept 2012 . Since then she is mentally retarded and my inlwas blaimed me for that. I am facing 498,502-506 and many other cheap cases .My passport in in DCP office. I am left with six years old daughter. I didnt get to see my wife since she got discharged from hospital. I had boght a property on her name. If i marry again for the sake of grooming of my kid and my wife does not complaints since she is insane due Encephalities can my mother in law launch such complaint and arrest me for that ?

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6 Replies

Shantanu Wavhal (Worker) 12 March 2014

198. Prosecution for offences against marriage.

(c) Where the person aggrieved by an offence punishable under ¹[section 494 or section 495 ] of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father’s or mother’s, brother or sister ²[, or, with the leave of the court, by any other person related to her by blood, marriage or adoption].

Shantanu Wavhal (Worker) 12 March 2014

so the answer is YES

1 Like

Laxmi Kant Joshi (Advocate ) 12 March 2014

vishal get the medical report of your wife from the hospital also take a second openion regarding her disease if the doctor Opins and give you in writing that her disease is psychopathic disorder and incurable then on this ground you can file divorce u/s 13(1)(iii) of hindu marriage act . do second marriage after taking proper divorce from the court otherwise you will be booked for bigamy a criminal offence .

great india (manager) 13 March 2014

Above advise is the appropriate one. Follow it else u can appoint a care taker cum cook cum................for taking care of u and daughter. If any registered marraige i persistence of 1 st gets proved then ur in a mess bro. Live in relationships are thus in demand these days provided dont face a dv later.... Gud luck

Biswanath Roy (Advocate) 13 March 2014

NO. Second marriage will be treated as BIGAMY and shall be punishable by law till you obtain Divorce order from the Court.

T. Kalaiselvan, Advocate (Advocate) 13 March 2014

I endorse the views of Mr Laxmi Kant Joshi in this regard. You have to first obtain divorce from your insane wife and then only you can go for second marriage, do not be misguided otherwise by the words of some favor mongers around you.