sunil (NA) 03 June 2020

Need urgent suggestion on my second marriage plan

Dear All,

Recently I married to one of my relatives girl.. our relation is uncle and niece from mother side..we are from Odisha state.. Now after 3 years of marriage we havetried all possible way of getting baby,, such as extreme end checkups, 4 times IUI and 3 IVF cycle but all failed..doctor recommending that the chance is bit less... In this instance, I asked my wife for alternates...what we found that without divorce, getting marriage second marrige is difficult and may be punishable..

Now we have decided to get mutual divorce in pen and paper in court and she will continue to stay with me...And soon after I will proceed for marriage to her causine sister in temple......

So ultimately first wife will also stay with me and fianlly both of them will stay with me... I will try to give love to both wife...

My query: - My first wife realised her in capability for baby and she is voluntarily giving permission for my second marriage....She is insisting to bring her cousine sister...So after divorcing if first wife also stay with me, then what may be possible risk?

Suppose incase in future my first wofe get baby then how will eb the case?

Plesae suggest..Thank you in advance..

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6 Replies

Dr J C Vashista (Advocate) 04 June 2020

Second marriage during subsistance of first marriage is void under Section 5 of Hindu Marriage Act, 1955, which will attract punishment for bigamy u/s 494 IPC.

G.L.N. Prasad (Retired employee.) 04 June 2020

Weaving screenplay for a movie.--understand practical difficulties...There are umteen ways to get children in other ways. Go for surrogation.

P. Venu (Advocate) 04 June 2020

Sorry, it is beyond the scope of this platform to suggest you any means to defeat the letter and spirit of Law. By the way, it is not necessary that you childless just because. There are many instances where deficiency lies with the husband.

sunil (NA) 05 June 2020

Dear Prasad Sir,

Many thanks for suggestions...We have discussed about surogacy and it cost around 15 lakhs, if all goes well.. This is higher side for us...Also for surogacy we require to wait for 5 years of marriage and final baby will get at the year of 6th year..Now I am 41 and I think it will too late for me..

bharat babu (NA) 05 June 2020

Hi Sunil,

In my opinion, your approach is very good idea as long as your first wife after divorce and during staying she should not create any issue..as long as she agree you dont have any problem in your approach. But important you should capable to support both of them...

Legal thing is one way but how you tackle in day to day to life is important..In my society many husband are happy with two wives but many are unhappy with one wife..Having said that, now decision is your and you only should know how to manage both of them..No law can stop you in your approach..

sunil (NA) 05 June 2020

Dear Venu Sir,

Many thanks for your suggestions.. Actually from my side, I have conducted Semen analysis for 4 times and one time DNA analysis of the semen..However, for wife side doctor has detected a problem on egg development, high end PCOS and small size ovary which causes infertility...Basis that my wife also agreed for this approach..

Dear Bharat Babu,

I agree with your opinion and seems to be you have really understodd my situation and I really appreciate your suggestion.. I will take care for two wives..