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(Guest)

Is it mandatory to take divorce from first wife?

I am getting many offers from my relatives and co-workers.

They all know about my present situation of first marriage.

1. Can I go for second marriage by paying monthly maintenance to her U/S 125 CRPC?

2. What legal rights I can give to my second wife in case of my death ?



Learning

 13 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 August 2012

 

Yes, only if you are a Muslim. Your first would continue to be maintained by you and would inherit equally with your second wife all your assets. 

 

If you are not a Muslim - don't even think of it !


(Guest)

I am a Hindu.

And thinking in very positive way.

Adv Archana Deshmukh (Practicing Advocate)     08 August 2012

A hindu cannot remarry while his / her first marriage is subsisting. Unless the first marriage is dissolved by a decree of divorce, a hindu cannot remarry while his / her first spouse is living. The second marriage will be void. Also your wife may file a case for the offence of bigamy u/S. 494 IPC whilch will put you and your family in trouble. So it will be better, if you first of all obtain divorce from your wife and then remarry.

1 Like

(Guest)

Thanks Advocate Archana.

1. Why will my family be in trouble?

2. If 2nd marriage is in live-in type relation ( but in reality husband - wife) ,then how can she show bigamy?

3. There are lakhs of Hindus who are having second wife but I don't see any 494 IPC on them then why me?


(Guest)

Why  Section 494 says about Marrying again during lifetime of husband or wife?

But it is not saying any think regarding live in or adultry? Is there any other sections for those?

Adv Archana Deshmukh (Practicing Advocate)     08 August 2012

 Dear Devil,


 I told you the legal position, rest all depends upon the sweet will of your wife.......! if she choose to accept your second wife as her younger sister,  then don't worry you won't face any trouble......... :) but if she chooses to do otherwise then? Your wife can implicate your relatives for abeting the offence of bigamy. Also she can unleash S. 498-A, DV etc against you and your family and you will have to keep running around the courts.

So resolve the situation first and then take any decision of remarriage.

2 Like

Amit (NA)     09 August 2012

@Devil, not sure how serious you are but second marriage can be disastrous legally.

If you are seriously considering marrying again, you must make sure that there's no proof of your marriage in which case it becomes a live-in in legal parlance and that's not illegal.

Proof of marriage can be photos, videos, pundit, witnesses etc.

Yes, this is the only way to teach the scrupulous "first" wives. Also, note that they can't adopt the same method since that adds another arrow in your quiver in the form of adultery which will strengthen your divorce case and also eliminates maintenance.

Legal experts may correct me.

1 Like

Amit (NA)     09 August 2012

I meant "unscrupulous" and not "scrupulous" :-)

Also, I don't mean to say second marriage should happen and that too the secret way but if first marriage is gone for a toss no point in waiting for justice to be delivered till you get old.

1 Like

Dharmender (None)     09 August 2012

You cannot remarry until you get divorce from your first wife but you can have live-in relationship. Recently supreme court has also said this in a judgement.

Dont get any marriage photograph. It could be used as weapon by your second wife for blackmailing. So be alert and play safe.

2 Like

Dharmender (None)     09 August 2012

You cannot remarry until you get divorce from your first wife but you can have live-in relationship. Recently supreme court has also said this in a judgement.

Dont get any marriage photograph. It could be used as weapon by your second wife for blackmailing. So be alert and play safe.

Amit (NA)     10 August 2012

If second wife wants to screw the guy, then she can do even w/o marriage photo. She can file DVA and recently I came across a judgement on LCI that she can file 498A also.

But will a single photo be a proof? I understand that if the whole marriage ceremony is picturised then it becomes a convincing proof but if there's a single photo of the couple together, it won't be of any consequence. Can any one throw some light?


(Guest)

I am going for second marriage.

Let my wife proof that.

and

What will happen there will be added one more case in the previous list of cases.

Amit (NA)     11 August 2012

Good luck Devil. Let me how it goes.

To reiterate, do not have any proof of the marriage, especially photos and videos.

Some further I can think of:

(1) Marry far off from your/your first wife's/your second wife's place

(2) Have no guests

(3) Pundit should be unknown and preferably very old (assuming u r hindu)

(4) post marriage do not live in the same city where your first wife lives

 

Once you are done with your marriage, let us all know (atleast me through PM if you wish) on what all precautions you have taken.

1 Like

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