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Raj (Member)     06 May 2013

Second marriage

We have a situation here. One person was married in 1993 and had a child from his wife within one year. Both husband and wife did not get along well as the wife was mentally unstable. This is something the husband and his parents came to know about after the marriage. The husband filed for separation in 1995-96. The husband not wanting to live with the wife moved to another city, the wife did not want to separate and lived in the matrimonial house although the husband's parents also did not like her to be living with them. The wife did not want a separation as she was interested in the property. In the family court she used to lie that she and her husband have cordial relations although that was not the case. The wife was cruel and used to pick fight with the parents and husband too often. The court never believed the husband's and the parents side of the story. In India the court always sympathises with the woman. The case went on for few years and the husband lost the case 1998/1999. The wife has vowed that she will never agree for divorce to punish the husband.The husband's parents also moved out of their own house and started living with their son in another city as the relationship with the daughter-in-law had worsoned. In such a situation this person is helpless. Is there a law where he can get divorce after living separately for several years? Meanwhile the husband's parents passed away.

Now this person has met another woman who is also living away from her husband and not divorced. This woman has a daughter from her marriage. Both of them like each other and want to get married. What are the consequences of this marriage? Any suggestions or precautions?


 7 Replies


Its always better to wash hands legally from first wife.

Marrying this new charm is illegal in eyes of law and may attract imprisonment.

Best thing is apply for divorce and ask first wife to agree for MCD.

Get divorce, then tie the knot with new one, legally.

Raj (Member)     06 May 2013

Yes, but the problem is the first wife has vowed that she will never consent for divorce in order to punish him even though she knows that her husband will never go back to her.

rahul (director)     06 May 2013

what about property she is living in?

dont you wanna capture your  own property


Raj (Member)     06 May 2013

Problem is since the person has left that place, she is enjoying the property. All that the husband now wants is a divorce so that he can carry on with is life.

Shantanu Wavhal (Worker)     06 May 2013

this husband as well as his TO BE wife - both must get divorce from their respective first marriages.

first wife of this husband is his legally wedded wife - its her right to live in the property, till divorce.


Any illegal thinking and illegal means of getting away from the situation = trouble gauranteed to spoil your life.


How is wife managing for daily expenses?

You can`t marry the other woman...You`ll go to prison...All you can do is `Live-In`...If she is not divorced,some lawyers may say even that is adultery as she is still someone else`s wife and your wife`s complaint will be acted upon.

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