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amit kumar   08 June 2018

regarding second marriage

can I marry , wnen first wife is given an agreement by affidavit, her parents is also agreed,


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 8 Replies

Mayank Sharma   08 June 2018

No......
you can't if
1. your marriage solemnized under Hindu marriage act 1955 or in special marriage act 1954
in both cases you need a decree of divorce by family court until or unless you can't marry with other girl because your previous marriage subsist and you will be charge for bigamy and your first wife who is legal wife of yours can be file case against you u/s 125 498 , 494 and if u still marry with another girl you marriage will be null and void and she will be able to file 495 against you.

And one more thing of you belongs from gujrat and some one advice you for notary my advise for you to not be caught by fraud peoples bcoz decree is decree and passed by court only .

Adv. Aditya (Litigator GROSON ADVISORS)     08 June 2018

no you cannot marry. 

agreement will not be enforceable until a decree is passed by the court desolving or annuling the marriage, as the case maybe and only then the second marriage can be legal in the eyes of law.

any subsequent marriage during the existence of first marriage, if not divorced, is illegal and you can be held to be bigamous, and may attract Sec 494-495 IPC. 

if the first wife is willing to separate then a mutual divorce petition can be filed (this will not take much time), alongwith application for waiving second motion. this would be a proper way to marry and not obtaining the divorce first only opens possiblities of charges against you. 

also, you cannot be termed Rapist only because someone tells you but you may however be charged under sections as mentioned here. 

Raghav Arora   08 June 2018

Hi ! Thanks for the question! 

Here her consent, even if reduced to writing, will not impair her right to subsequently criminally prosecute you for bigamy. Law does not permit bigamous marriages for Hindus. Your second marriage will be illegal, as an effect whereto your second wife will enjoy none of the rights which are bestowed on a legally married wife by the law of the land.

You are advised to get a proper legal divorce and then go for the second marriage so that the risk is eliminated. Good Luck!

Kumar Doab (FIN)     08 June 2018

IT is believed that you are all Hindu..

Is there any (proven) custom in your community that such divorce ( Community/panchayati) is acceptable.

If yes, would your spouse and community/panchayat stand by you before court!  

 Or Get decree of divorce from court..contested or MCD..

 

1 Like

Kumar Doab (FIN)     08 June 2018

You are mentioning about some written statement in other thread also and that spouse has stayed for 2 days only ;

https://www.lawyersclubindia.com/forum/void-marraiage-182233.asp

You are exploring about MCD but have mentioned about affidavit for MCD…

If spouse has agreed for MVCD then try to get waiver of cooling period and liberate from wedlock and get decree of divorce and then marry….

In case of MCD you counsel may opine that NO appeal is possible..

https://www.lawyersclubindia.com/forum/want-to-divorce-181951.asp

You are posting about cruelty by spouse..

https://www.lawyersclubindia.com/forum/want-to-divorce-181951.asp

Mere affidavit is not sufficient..

 

If MCD is possible prefer IT.

Mayank Sharma   08 June 2018

@kumar Doab
dear concern custom is only applicable if the marriage solemnized under custom and saved by section 29 clause 2 in hindu marriage act but if someone marriage under HMA 1955 go for section 4 over riding effect on all custom in case that marriage solemnized under HMA no custom can be applied

Mayank Sharma   08 June 2018

@kumar Doab
dear concern custom is only applicable if the marriage solemnized under custom and saved by section 29 clause 2 in hindu marriage act but if someone marriage under HMA 1955 go for section 4 over riding effect on all custom in case that marriage solemnized under HMA no custom can be applied

Kumar Doab (FIN)     08 June 2018

The querist has not posted anywhere he has married under which custom, personal law...

Hence IT was asked..

Let him revert..


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