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Chetan Singh (SE)     22 June 2010

Need Advice for Second Wife

Hi All,

I have a question regarding my one of friend (Rakesh) age 28 years, He has done a marrige with a Handicaped lady(pooja) she can walk with stick having age of 38 years which is 10 years older than him. Since this marriage was done as they both love each other .

The marriage was happened last  year ,But after few months  Their s*xual life is not good with each other due to physical disabitilty from his wife, They both want to live together and Rakesh wants to do another marrige of his age as looking future point of view ,her wife is ready to accept  a new girl as a second wife . Can there is any clause in marriage law so that Rakesh can keep his both wives leagly. Rakesh have not any son from her first wife.


 29 Replies

Arup (UNEMPLOYED)     22 June 2010


Dharmesh Manjeshwar (Advocate/Lawyer)     22 June 2010

unless your friend wants to have a change of religion ...............

Chetan Singh (SE)     22 June 2010

You want to say I should ask him to convert the  Muslim religen .


it is totally illegal.

Chetan Singh (SE)     22 June 2010

But what about this:-


Bill No. XXIII of 2010


ON THE 3RD MAY, 2010





Second marriage with the permission of the court.

8. Notwithstanding anything contained in this Act, or in any other law for the time being in force:—

(1) A man can take a second wife with the consent of his wife and with the permission of the court which could be given on any one or more grounds on which divorce can be granted under section 4 of this Act or on the ground of physical disability caused on account of any accident or any illness or for any reasons whatsoever which renders her unfit for discharging her duties, responsibilities and obligations as the wife.

Permission to take a second wife on the application of the wife.

9. (1) A wife shall be entitled to file a petition before the District Court according permission to her husband to take a second wife only on the ground that she is medically certified as incapable of child bearing or she has been incapacitated for discharging her duties and obligations as required by a wife on account of any accident or any illness or for any reasons whatsoever.

(2) the permission under sub-section (1) shall be given by the Court if, the Court is satisfied that the application made, is out of her free will and desire and not on account of any force, fraud or undue influence brought to bear on her by the husband or any one on his behalf.

Arup (UNEMPLOYED)     22 June 2010


you have some wrong impressions.

first of all, change of religion does not allow second marriage to apostee (who changes his own religion), sarala mudgal case makes it clear.

bill is not act. there is long process from bill to act.

the said bill is a private bill, no big party supporting it.. therefore no chance of pass it.

lastly, this is not that bill which cabinet of the central govt passed. that is separate.

Adv Archana Deshmukh (Practicing Advocate)     22 June 2010

Unless such Act is actually passed  such a second marriage even if solomnized with the consent of the first wife is not legal. Mere introduction of any bill in the rajya sabha is no guarantee that it will be passed.

Chetan Singh (SE)     22 June 2010

One of my friend has given this advice will it be helpful?

In special conditions it is possible, I heard it.

One of the stuationis : if wife can not give birth to child then husband can marry another women with the consent of first wife.

It better to get permission letter from first wife then wait for soem days, create an evidence that husband do not have any alliance at this moment by giving the profile in the matrominal sites that later first wife can not say that with husband fear/threat she accepted it ...etc.

keep respectign the first wife and that no problem will rise.


Solution does exist in this case if one can be socially practical - ops is there such word :-)

1. Go in for live-in relationship; if he can bear the maintenance / upkeep part of nurturing second family life long and both females can adjust including first wife accepting second female's to be born child as second mother to that child. She the first couple love each other so it may continue for times to come !. Only issue is that they don't have offsprings coupled with that physical needs, in this case the boy's needs. I won't say now to spoil their love story, that did he not knew this aspect before marriage kya or is it the case of love is blind afterall so why not become sanyasi afterall marriage is also something which transcends beyond physical needs ops is it so :-)

2. Why your friend want to brand the second relation solidly means why he wants to give second women status of wife when Law does not permit so today and intrun he is not geting answer of his ongoing mental loops?

3. The peoblem in this case as I see is that he wants legal answers as per existing Laws and that clouds their practicality aspect and probably they might miss the bus if things are continuing like this for eternity. I call this situation a "fishy loop a person falls into" hope you understand how a person goes into his own loop of mind when something good he wants to do to save his first marriage side by side look for postality too and also get physical needs fulfiled by showing social equity to both women in his life but there are too many sips and kiss between cup and lips is what he is fallen into.

4. The only catch to my above suggestion is 'social acceptence" within his "society" otherwise it is doable thing keeping in view present framework of marriage laws. I have personally seen 2 such cases in Delhi which is going well till date.


Chetan Singh (SE)     23 June 2010

The situation mentioned above is the real example of love is blind since before marrige they both agree to live together ,since they were not able  live seprately but after few months, Their s*xual life is not good with each other due to physical disabitilty from his wife. They dont want to loose each other also, so they are searching a practical way to find the solution since the girl is physically handicaped on her both legs and her age is near 39 years and the age of boy is 28 years so now everybody inthe society are laughing to see that couple and saying their future is not bright with each other.How that lady can give birth and how she will take care of baby. In next few yaers she also needs take care of herself.

Chetan Singh (SE)     23 June 2010

That is the situation if first lady can't take care of her baby then he needs an other women who is near to his age for baby birth and only live in realtionship nobody will accept this chalenge. So The boy is looking for second marrige.

Suchitra. S (Advocate)     23 June 2010

Is your friend playing a game with his first wife's emotions? How is it that he is now so curious about procreation from a second wife ? Where is all love for his first wife gone? What is the guarantee that his second wife gives birth to a child? If not, will then he marry third time, too ?

Madansingh Shekhaawat (writer & an editor)     23 June 2010


My dear Ansh,

………… 10 years older than him……….. & ……… Their s*xual life is not good with each other due to physical disability from his wife……

This cannot be the ground for second marriage since your friend had accepted this while marrying her. Ask your friend to drop the idea of remarrying because it is 100% illegal.

Live in relationship! No ways! It will be quite practically difficult for the person in juggling the seesaw relationship and balancing a fine line of commitment I suppose. Even though he manages every thing our law will never approve second wife as legal wife in presence of first legally wedded wife.

In the case of Chand and Fiza though Chand has converted back to Hinduism Fiza insists she remains the customary wife while the first one remains the legally wedded one.

Take another case of K. Suryanarayana the Indian engineer killed in Afghanistan, who left behind a second wife and daughter. Though she laid claim to compensation from the government, the court ruled in favor of the first wife!

Arup Kumar Guptajee and Adv Archanajee's advice and suggestions are more professional. 

Madansingh Shekhaawat (writer & an editor)     23 June 2010


Suchitrajee have stroked at vital part! Perfect diagnosis!

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