Vinku (proprietor) 25 October 2013

Second marriage

My wife had relation with other man and even after my best efforts for 2 yrs, she is not ready to live with me (I had left my home for wife and 12 yrs daughter). She is not ready for divorce but says that I could marry and she will not object. Is there any law where I could get her permission for marriage even without giving divorce or should I file divorce against her? If she is not ready to live with ( I am living alone for last 3yrs), can I make this a ground for divorce?

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6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 October 2013

Dear Querist if you are hindu then there is no law for second marriage, this is a crime of Bigamy

Laxmi Kant Joshi (Advocate ) 25 October 2013

1.keep proof with you about yours wife illicit relation with that man , and file The case of adultry u/s 497 ipc against him. 2. If she don't want to live with you then file thedivorce case in your district family court on the ground of ctuelty and desertion or non cohabitat since 3 year .3 don't do second marriage without giving divorce to first wife otherwise you will be charged by bigamy u/s 494ipc and second wife will file u/s495 ipc. against you. 4. engage a lawyer to handle your case.

(Guest)

1.You have fit case of taking divorce on the ground of desertion as well as mental cruelity.(her link up with other man)

2. If she is not ready to live and fulfil her conjugal responsibilities and not even ready to give MCD then file for divorce U/s 13ia(here mental cruelity instead of adultery bcz proving adultery is not a cake walk) & 13Ib.

3. Don't choose illegal marriage as it will land up you for good 7 years in jail if it is proved as bigamy U/s 494 IPC.

Vinku (proprietor) 25 October 2013

Thank you very much... In deed very well written and specific... Thanks :-)

Adv. Chandrasekhar (Advocate) 25 October 2013

If you want divorce, you can follow the following steps, which will force her to accept for divorce.

1. File contested divorce case on the ground of adultery, desertion and cruelty under S13 of the Act. In this case, you have to make the other person which whom she has illicit relationship as co-respondent.

2. File Section 498 criminal complaint against the other man in the criminal court. It is adultery case under criminal jurisdiction. If you succeed to send summons to him after pre-summons evidence, your wife herself will come for compromise and give divorce to you.

3. If required, file custody case for the child.

4. Do not go for marriage till you get divorce with the present wife.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 October 2013

Most marriages in this country are not legally valid. You can marry in that manner for the second time. Only if there is any case against you both of you should claim that you are not married to each other. You can also have a live-in relationship. In the meantime file for divorce and as and when the divorce comes through, you can legally marry your second wife a second time.