Second Wife and Stay abroad


Hi I am married for over 15 years now. I have two daughters. But all during this 15 years me and my wife had a very strained relation. few years back I fell in love with another lady and she did not want to marry me to cause any trouble. But I insisted and married the second lady also. Although we married in front of many, but did not register our wedding. After 3 years now my first wife comes to know of my second marriage. I live in US and I am sure that she is going to go to law against me. So if she goes to the law, will I have any problem staying here in US legally. Can the law make me to return back to India to face trail and have me arrested. My second wife is ready to write and give that she is not related to me, will this be of any help. Please suggest, I do not want to be imprisoned. I love my first wife also, and want to also be a good father to my children. I know its not possible to have two wife's but how do I tide over the present condition?

Thanks in Advance.

 
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Advocate

Fleeing away from India and getting married to another lady cannot be a solution to get rid of your first wife. Law can make you come to India and answer before Courts for your misdeeds wherever you are on earth. You should have thought of the consequences before getting married for the second time. Now all you can do is to face the consequenses. The only way out is to see that your wife doesnt file a bigamy case against you.

 
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494. Marrying again during lifetime of husband or wife. 494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.

 
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being an highly educated person how you did it?

you married the second time;

First option - keep your first wife so happy that she do not go to court. only your first wife has the right to go to court. no other else.

Second option - is it registered or religious?   whether 'sapattapadi' done or not?   whether some witnesses are there and few of them may give witness in favour of your wife?  if yes then try to make the possibilities of witness negative.

 
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if the case go to court, the court must bring you back at india. thereafter you may get bail and with permission of court you may go to abroad otherwise not.

 
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I agree with Ms. Suchitra.

 
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From the above discussions, I know that there is no way I could stay away from being punished by law. Is there any possibility if my second wife gives a written statement that she is not going to be part of my life and is ready to walk away from my life. Will this be of any help to me. Now if I have to talk to my first wife, what must I tell her, please suggest.

 
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my eleder sister's husbend is now died.but my sister is his second wife.when my sister is marred then  after 2 years her husbend is died.her husband was a gov.emly.my query is

1) she is now joint the service ,if join.......but this effective law against this case.

2) she is all fund (P F ,gratute,pencone & Incurance clamed) is receivable ,but  nomenee no change her husband the all official docments,the nomenne  name of the all official documents his past wife,(but his past wife is now expried.)

3) please help me

 
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Advocate

Snehashish, it is a Statutory rule that any Govt servant cannot marry for a second time when the first marriage is valid. So, there is no chance that your sister get any benifits like gratuity, insurance, PF etc which are in his first wife's name. Even if his first wife is not alive, it is his legal heirs, who can avail the benefits, and not your iwfe.

 
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The question is that when your sister married the brother-in-law, whether his first was surviving?  Has she any children?  If so, how many are sons and how many are daughters? What are their ages?  Tell us.

If the first wife has no children, then your sister need not to admit that she is the second wife.  If the first wish has children, they are entitled to the retirement benefits of their father and not the second wife (your sister), if she married him during the life time of his first wife.

 
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