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SM   03 January 2016

Marrying second time

Hello Pratitioners,

I have a general question to all of you. Please help with replies and suggestions.

If one is married to a woman for 3 years, and also have a baby of 3 months; falls in love with another woman, and wants to marry the second woman; what he shall do to avoid any kind of legal complication? Or, if he marries the second woman, what would be the legal complications raised by his first wife, and what would be the consequences?

Also, please advise how he could get a divorce from first wife, and how long it might gonna take?

 

Thank you.



Learning

 13 Replies

Suyog Raut   03 January 2016

I will suggest you live-in arrangement with 2nd partner and avoid formal marriage.

Sk basha   03 January 2016

No one can't marry if first wife alive. Court also not accepted that type of seconf marriage. He has no right to second marriage with out divorce. If he married, first wife has chance to file case undet bigamy act. So. First he will settle the matter with first wife. Without her consent he will not to do anything.

Kumar Doab (FIN)     03 January 2016

There is woman and a child from 1st marriage the marriage has not ended.

Any relationship be it even Live In relationship while the 1st mariage exits shall be illegal and punishbale and can invite lots of problems.

It shall be better to void such relationship.

 

If there are reasons or confusions take help of elders and councillors to save the marriage.

If the intervention does not help and the damage is irreparable, consult an able lawyer and try for MCD.

 

Once the divorce is awarded by competetnt court of law, you may think of second marriage or relationship.

Consult your able lawyer.

 

 

 

Samir N (General Queries) (Business)     03 January 2016

You have a wife and a three months old baby. Three months old baby!  What a divine gift. Now you fall in love with another woman and want to marry her. The first question that comes to my mind is: Is your child crippled? The second question I have is: Are you mentally crippled?

1 Like

Tarun Bajaj (Service)     04 January 2016

Now, you have a three months baby...What went wrong with your first wife ? If it's just attraction towards the second lady..I would suggest just forget it ! And live and enjoy your life with the your baby and first life.

Any wrong step or move..will spoil your whole life ! Rest is your choice.  

1 Like

saravanan s (legal advisor)     04 January 2016

i agree with samir and 498a fighter.forget the second lady and try to live with the first wife atleast for the sake of baby

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 January 2016

1) First bring only live cases with facts.  No ifs and buts.  Law is not for imaginations and dont waste valuable time of experts as there are many waiting for smallest solae.

 

2) Presuming the personal law governed be Hindu Law, totally agree with all the above-said expert opinions except the first inexperienced illegal response should be avoided.

A walk alone (-)     04 January 2016

You have wife and three months baby. Now you want second marriage. Are you gone mad or marriage is just a game for you? One after other you will play with someone life. Forget second marriage and try to live with your baby and wife happily .

Nitin (marketting manager)     04 January 2016

People are facing these many hell of issues for One wife it self, why the hell you want to invite trouble by marrying a second one? you already have troubles with your first marriage so you are going out of it, now when you marry second one do you think the troubles will go away??

you will multiply the troubles exponentially......think about that before you take a step..

now legally.. you are sure to be in soup if you go for second marriage..

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 January 2016

1) Also agree with the latest responses as stated above.

 

2) Life is full of challenges to be addressed urgently instead of diverting all energy towards such unlawful illusionary hallucinations one has to first come out.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 January 2016

3) Reiterate my first response: First bring only live cases with facts.  No ifs and buts.  Law is not for imaginations and dont waste valuable time of experts as there are many waiting for smallest solace. 

 

4) Be practical by discussing the grievances from your legally wedded wife, if any, with some elderly experienced relatives/ friends in person in confidence who can counsel better.  Life is not theatre Hollywood phantasy but recall good old saying look before you leap.

T. Kalaiselvan, Advocate (Advocate)     11 January 2016

Marrying again while the previous marriage subsist is an illegal act punishable wth imprisonment upto 7 years with fine.

This is an offence under section 494 IPC. 

If wife lodges complaint against both then both can be convicted for the offences if proved.

If you want to divorce the firs wife, look for the grounds yourself, you cannot ask somebody to suggest you the grounds which is not existing for divorcing your wife. 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     11 January 2016

Totally concur with the opinions of all the above said experts.


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