Urgent help Second marriage case

Greetings,

You cannot go for 2nd Marriage without dissolving the 1st marriage legally. If you do it, you are punishable under Indian Penal Code. 

THE LAW OF LAND WILL NOT PERMIT YOU UNDER SEC. IPC 494.ETC....................................SECTIONS .........ACTS.....

In the existence of one marriage the law does not recognise the second marriage. Unless you take the divorce from the first wife you can not marry for the second time and in case you do ,the second wife would have no legal recognitionand you may be prosecuted for bigamy though your children will be legitimate.

I too agree sir, but she is not ready to give me divorce . My parents have already talked her to take money .
My lawyer also suggested her to take money and give divorce but she is not ready.
She has one 10 year son , who is her first husband but she is saying always his child was due to a rape case she never done marriage . but her child school certificate there is name of first father.

Can I file a case against her since my marriage was happened 5 months ago.

and one more thing I would like to share becuse I have done a blunder mistake that I have done a second marrige with my first wife agreement but after one month due to jealus she opend this matter infront of my second wife and inlaws. Then my inlaws taken back to my second wife and threating me to take divorce to first one other wise they will sent me jail with my family.

I know its my mistake but now my life becomes hell, I am thinking to do sucide due to frustation.
Please suggest what should I do to get rid of my first wife since she is not raedy to give me divorce.

PLEASE VISIT ON FAMILY COUNSELLING CENTRE, IT IS NEEDED A LOT OF COUNSELLING ABOUT MARRIAGE, CHILDREN, SEX , SOCIETY ETC.,

WE ARRANGE THE ABOVE AT YOUR PLACE- ponaka2008@gmail.com

compromise with your first wife - one way.

yes you can complain against your first wife, who do not take legal divorce from his first husband, and hide the matter from you, before marriage, - if this is proved, your first marriage will be void. -2nd way.

your first wife, do not take legal divorce from his first husband, and hide the matter from you, before marriage, - is my guess right? please confirm it.  if so, the marriage is void one.

after your confirmation, will post next advice.

also tell in detail how you marriage the first wife. - this is necessary for shorting out the problem.

yes, before marriage she hides that she is already married before 10 years and also I have seen her son who is in class 6th , his marksheet there is name of his first father but my wife is saying it was a rape case.I have done marrige with my first wife in aray samaj temple on 28 jan 2010. but there was no witness at that time and there is no photograph for my marrige only she having originol marrige certificate issued in arya samaj temple.

HMA SEC 5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:- (i) Neither party has a spouse living at the time of the marriage.

NULLITY OF MARRIAGE AND DIVORCE

HMA SEC 11. Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

THAT'S WHY IT IS A VOID MARRIAGE.

BUT YOUR CASE IS VERY CRITICAL, TAKE STEPS WITH DISCUSSIONS WITH YOUR LAWYER AS WELL AS LIC FRIENDS.

YOU HAVE TO PROVE AT COURT THAT -

1) before marriage she hides that she is already married.

2) NOW, HOW YOU CAME TO KNOW THAT SHE ALREADY MARRIED?

3) HAVE YOU ANY WRITTEN DOCUMENT ABOUT HER STATEMENT THAT THE CHILD BORN DUE TO RAPE CASE, OR ANY WITNESS, EVIDENCE IN THIS REGARD?

4) WHY DON'T YOU CHECKED HER DIVORCE PAPER?

5) SHE HAS TO ANSWER - WHETHER ANY POLICE CASE FILED IN THIS REGARD?  WHY SHE USING A PERSON'S NAME AS THE FATHER OF HER CHILD.

THAT'S WHY I AM TELLING YOUR CASE IS VERY CRITICAL AND YOU HAVE TO MOVE CAREFULLY.

she has not filed any case or police complaint for her rape case . she has not any papers that shows she has taken divorce, nor any proof her first marriage . She opened this matter that she has a child after one month of marriage becuase her son was staying her home. Although she is showing lot of love but I was not happy  after hearing that. Now she is ready to do compromise only I accept her menas she is always saying keep your both wife with equal rights,can it be possible in any clause?

legally it is not possible.to keep both simulteneously. first wife will always be in upperhand and in a position to controll / threatning / blackmailing you, till she is sacked from her matrimoney.

"She opened this matter that she has a child after one month of marriage" - Can you prove it at court that after a month of marriage she disclose this matter?  mare statement of you is not proove, any other statements/documents in support of it?

you may take mutual divorce. for this you have to obtained consent from her. ask her if she agrees. even after divorce you can met her and maintain her as now. but officially there must be a divorce. then your second wife can come to your life through a regular process.

your case is critical but you have to solve it soon, otherwise your 2nd wife may also file a case against you that you hided your first marriage from him, which is punishable under IPC.

1.Only verbly I can say that after one month she had disclosed that she having child, I have no proof/documnet for the same.

2. she had no believe that after divorce I will take care of her, she is saying if I run away from her life she will file a case of dowery 498a ,3/4, 494,may be more i dont know who is giving her idea. Boss she is not ready to give me  divorce at any cost.