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Deepa (BUSINESS)     28 July 2009

Need an advice on second marriage

Dear Sirs, If a man married two ladies, and if the first one is not registered and the second marriage was registered which will be treated as legal ? Who is having right first wife or second wife ? both the wives are having a male child each. Also the second wife is divorcee who has properly divorced and can she register her marriage second time. Please advice.



 24 Replies

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

the second marriage is void ab initio and the first wife has all the rights.  the husband is not only guilty of bigamy but also of cheating and forgery by registered second marriage on furnishing false details.

CS Pooja (Company Secretary)     28 July 2009

Not registering a marriage doesnt make it invalid.

Hence, just because the first marriage was not registered, it doesn’t give a right to the man/ or the woman to marry again.

Even if the second marriage is registered, it is still illegal till the first spouse is alive or they are not divorced.

Hence, legal wife is first wife.

The kids of first wife are legitimate while the second one’s are not.

No matter even if the second wife is properly divorced, her marriage is not valid.

Sanjay Kalra (Advocate)     28 July 2009

What my ld. friends have stated in there reply is correct but i do not agree with reply of Company secretary with regard to illegitimacy of the child from the second marriage. In my opinion the child from the second marriage is legitimate and has all the rights in the property of his father.

Deepa (BUSINESS)     28 July 2009

Thanks for all your efforts taken

Deepa (BUSINESS)     28 July 2009

Could anyone help me out to solve the situation ? I dont know what to do now ? Any way to legalise the second marriage.. pls help..

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

i agree with Adv. Sanjay Kalra.   the children born out of even void marriages are legitimate.  the second marriage cannot be legalised as the same is void ab initio...right since the solemnizatin of second marriage, it is invalid.  so all the acts done incontext with the marriage would be rendered invalid.

adv. rajeev ( rajoo ) (practicing advocate)     28 July 2009

I agree with Raji v

vishal bhatnagar (ADVOCATE HIGH COURT)     28 July 2009

kindly send me the syllabus of uppcs j

Adv. Deepak (Advocate)     28 July 2009

Kindly give me the following information.  The date of first marriage and the date of 2nd marriage.  Whether the husband is living with both or only with one.  If living with only one then since how long back.  What is the purpose of your legalising second marriage.  If I get the information, I think I will be able to help you out.

1 Like

Deepa (BUSINESS)     29 July 2009

Dear Deepak, Thanks a lot. really i lost my hope. but somehow i will provide the information pls try to help me out. the first marriage was done in 2005 and the second one was done in 2008. frankly, i am the second wife. but my husband is so affectionate with me. he is living with both of us but maximum with first wife bcos they r in a joint family with inlaws.. i am living separately with my mom and kid. all his surroundings know about our marriage. but now i am getting afraid of my son's future. could u pls try to help me out.. i realised i hv committed a huge mistake but i know its too late now..

Anjali (IT)     29 July 2009

Deepa, you have never mentioned the problem you face now and reason the second marriage to be legalised. From the day one you are aware of everything. You marriage is valid one as long as none challges it. I mean if the first wife challenges then it will be void/null marriage. In that case you may lose the wife status, but still your son is legitimate. There is no need to worry abt your son's future as your husband is legal father.

Deepa (BUSINESS)     29 July 2009

Dear Anjali, still now i didn't face any problem.. but just recently his wife came to know our marriage. but being in her position i know its really complicated to digest.. but what has happend is already happend.. my husband dont want to cheat any of us.. but i am getting depressed what she will do hereafter ?

Anjali (IT)     29 July 2009

Dear Deepa,  it is understandable.  there is a chinese proverb  "Dont make any movement until your enemy moves".  Apply the same here , don't do anything until the first wife does something legally.  Just live the present day happily and don't worry abt the future, "cross the river when it comes" . Since your side is weak legally , better wait and see what the first wife does. Moreover the first wife is your husband's problem, not at all your problem. you have nothing to worry abt that.

1 Like

Deepa (BUSINESS)     29 July 2009

Thanks a lot Anjali.. I feel better now.. i will follow ur advice.. u made my mind clear..


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