cpc

harrasment from second wife

Support Executive

Hello,

I am a Hindu Adult, aged 34 years, living in Mumbai. I married my wife in 2007. From Oct 2011, I was in an extra marital affair with a girl in my office. She was also married but not living with her husband. We extended our relationship without the knowledge of my wife and on Aug 2013, I married her with registered marriage in Municipal Office. She got her divorce after our marriage was registered.  I gave her accommodation on rental basis to enable her to live herself as her parents did not want her to stay in their house. It was decided between us that she would not disclose that fact of second marriage to my home and she would not also demand any exta time or money from me. Thereafter since Sep 2013, she started continuously harassing me mentally and on October 2013 she disclosed the fact to my parent & my wife. Now she threatens me that she will go to Police and will file criminal and civil charges against me. Her only demand is to stay with her and leave my family. What all charges can be filed against me and what is my stand to fight this situation? Please guide me what should I do further in this case? Any help would be appreciated.

 

 

 
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Advocate

Again the infatuation came to an end once married. So what is that you people want out of your relationship ? was it alright till you had only extra marital relationship all the while before deciding to marry?, well have you not thought even once that marrying another female while your first marriage subsists and the wife is alive and residing with you is an offence in the eyes of law or a social offence in the eyes of society?  The second marriage is illegal and invalid in law, she can lodge a criminal complaint against you before the police for cheating you by marrying you fraudulently suppressing the material fact to the marriage that you have withheld the information about your subsisting marriage from her at the time of your marriage with her, also your first wife can lodge a complaint against you for an offence of bigamy, you can be trapped from both the side. Best solution is to discuss about the issue with all your family members and arrive at a solution locally benefiting everyone, but you will be the ultimate sufferer.

 
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instructor

1. Ashish you had done a blunder mistake knowengly you had deceived your first wife in making illicit relationship with other woman . 2 according to hindu marriage act section 5(i) your second marriage is null and void as It is solemenised in the life time of your first wife and without giving her divorce. 3. you can charged for bigamy a criminal case u/s 494ipc and punished for 7years punishment behind the bar . 4 .your second wife can file criminal case u/s 495ipc, 376ipc It means you had concealed your first marriage from your second wife and for that you will be punished for 10 years jail and for other you deceived her and s*xually assult her for that again 10 years of jail . 5. Your first wife can file divorce under section 13(1)(i) .
 
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Support Executive

Thank you sir for replying to my query.

I repent of my mistakes and I am ready for all bad tings that can happen to me. My first wife is by my side and ready to help me.

I can prove that Second wife did knew about my first marriage before we got marriage. Can that point help me a little? And was are the chances in Civil Case and Criminal Case.

 
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Other

ur r in big trouble u can be tried of bigamy,

as the second marriage is null n void u will be tried of rape charge.

 

even if u prove that she know that u r married she may cookup story that u have told her that u have divorce her prior to second marriage.

 
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Dy Director

she will allege that she did not know of the first marriage of you and you induced her into s*x by making her to believe that you are lawful husband and have charges of rape on you.

 

your application for nullity of such marriage will prove the allegation.

 
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None

Ashish 

Trust me you are a lucky guy to have your wife's support inspite of your mess up . There are so many husbands in this form where they didnt have any affair , provided for their wife , wife filed cases cause their husbands didn miss to follow some orders of so called wife . Try your best to save marriage with 1st wife . Trust me life is  good enough with a partner who really supports you no matter how much messed up . Not all women love their husband in same way . Instead they messup and when pointed out ruin husbands life . 

 
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