I would like your views and expert advice on the following case. A man marries a woman but since he could not get kids from her, makes pressure on her family to get married again.The first wife allows him n due to family pressure the younger sister of this woman has to marry this man( at the age of 19- [10 years back] ( the age difference between them is more than 15 years) Today after 10 years this man has 2 kids from the 2nd wife i.e the younger sister. Both the sisters live together in a single family under one roof. But now due to some circumstances the younger sister wants to leave this man because now she wants to marry someone else n have her separate family. She doesnt want to take any of the two kids..just she wants is her freedom from him. But whenever she tells her to leave her...he tells her that he will not leave her. They are Hindus. this woman is not that educated and belongs to a village .The second marriage was not performed by any rituals. It wasn't registered anywhere. it was just a small ceremony in village n simple exchange of garlands in front of some relatives. Can i have your views what is the way out in front of her ( file a divorce or simply marry the other person n move ahead ( but if she then can this person file any kind of case or FIR on her?).Was this marriage ever legal...coz the first wife is alive even today... Is this offence punishable for this man and what is the way out in front of this woman??? It would be great if you could please suggest the procedure to be followed..
I think according to HMA 1955 this marriage was not legal as the first wife was alive....secondly law says that if the wife is lives for more than 1 year with a person on her will [today she has two kids as well] ( no matter if the marriage was forced or by fraud) the court cannot pass any decree...
your comments and views please..............
