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sunil (NA)     28 April 2020

Planning for second marriage

Dear All,

Recently I married to one of my relatives girl..Basically she is aunty's (mother own sister) son's daughter...In otherwords our relation is uncle and niece from mother side..we are from Odisha state..

Now after 3 years of marriage we haev tried all possible way of getting baby,, such as extreme end checkups, 4 times IUI and 3 IVF cycle but all recommending that the chance is bit less...

In this instance, I asked my wife for wife side giving permission to proceed for second marriage if I want..She is not ready to give divorce, instead she is willing to provide her consent for my second marrige... 

My query:

- Seems to be my mariage is Void as per my relation (uncle and niece)...So if the existing marriage is Void, am I eligible to get marry another one lady legally? Is the second wife is legal or first wife is still legal?

- In case first wife (from void relation) complain about my second marriage then what may be consequence in the legal pont of view? 

- How will be the property right of the first and second wife?

Please suggest me in this regards..


 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 April 2020

Dear querist,

You cannot remarry without divorce or during subsistence of first marriage. If you marry you will be liable to be punish under IPC. You can file divorce application for nullity of marriage as your relation is within the prohibited degree. And only after divorce you can have second marriage. 



2 Like

Ramesh   28 April 2020

Dear Sir,

       You must know one thing. Was the marriage happened without your approval? You married her with your concern only. What might be the relation between you and her before marriage is lapsed. After getting married you both are wife and husbend thats it. 

Lets move to the divorce issue, if she agrees to give divorce you both can apply for mutual divorce its an easy process.if she denied to give divorce you can approach the court by proving her disability. But you need to prove that she dont have the chancesto become mother. If the court satisfies they can sanction divorce.In this case you need pay her maintanance prescribed by the court.

Finally about your second marriage.You cannot marry another one without giving divorce to your present wife.If you marry you will be liable to be punish under IPC.

If you are belogs to muslim comunity the muslim law will apply.Not this.

Best Regards

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     28 April 2020

As a senior citizen, I opine that you have married the girl with your consent and I think you have no problem with your wife.  The problem for both is the chances are less for getting a baby.  so it is better to adopt a child from your relatives, friends, or an orphan center or Women & Child Welfare Department of your district.

1 Like

shantanu pednekar   28 April 2020

Dear Sir, if the reason is just baby, then what is the problem with adoption.
2 Like

Nadeem Qureshi (Advocate/     29 April 2020

Dear Querist

Is there any custom in your area regarding the marriage between the relatives under the prohibited degree, if yes then your marriage is valid, if she is ready for your second marriage then you may solemnize the same but that marriage will be void ab initio.


if there is no custom in your area/community then your first marriage is void ab initio and you may solemnize the second marriage, the second marriage is an offence under section 494 of IPC and the complaint can be filed by the first wife or husband, in your case, your first wife is already ready for this marriage and ready to give her consent in writing so no need to worry, solemnized the marriage again will have no problem.


Feel Free to Call

1 Like

sunil (NA)     29 April 2020

Dear Nadeem Sir,

Many thanks for your kind suggestions...Actually iis no any such customs in my area/community for such mariage...Just it happens by chance and later only we came to know that about the criteria of "Sapinda relationship" and our marriage may be under Void....

Acually we are from very remote viallage area of Odisha where still this multiple wife system is exists in some cases, including her uncle from mother side also have two wife system...But once it go to court or law then all are fighting for their rights and all..Basis that, as my wife side are willing to provide their consent, so I think they should not go further to court..but this cannot gurranty andn as per situation what will happen in future that difficult to predict..

In any case I will never neglect to first wife and will fulfil if any maintenance matter come in future..

Thats why just saferside just thinking if the first wife on Void relation, that may be atleast some safe guard incase any complain in future.

Anyway, I am not much idea with regards to the Law...

Nadeem Qureshi (Advocate/     29 April 2020

you may solemnize your second marriage but before that, you should execute a document in writing from your first wife and her parents regarding the consent. you may take my help in case of need

1 Like

sunil (NA)     30 April 2020

Dear Sirish, Ramesh, Narayan and Shantanu Sir,

Many thanks for your constructive suggestions, and I will take note for thsoe points for further progress on my future...I can proceed for Surogate but seems to be the cost are very high and lot of legal complecations exists...Your recommendations for adoptaion isi well noted, but I was thinking to get a baby from my own... 

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