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Mahesh (Owner)     06 November 2009

Second marriage in Nepal but first wife not divorced

My divorce case is taking way longer. Since my age is not favoring me waiting any longer. I am deciding to marry this second girl in Nepal at Pashupatinath temple. I often visit singapore so I can marry her even there as well. Will it be a problem if I married another girl out of India and bring her back as my wife in India.



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 16 Replies

Anjali (IT)     06 November 2009

A marriage is a marriage regardless of the geographical location. Without valid divorce from the first wife , it is an offence to marry another woman. It comes under bigamy. try for mutual consent divorce from your first wife. Never marry another woman before the divorce,

1 Like

Suchitra. S (Advocate)     06 November 2009

Mahesh Sir, Your first wife will remain  your legally wedded wife, till you get divorce from her for all legal purposes. It doesnt matter where on earth you stay. You may be thinking that you can avoid your first wife if you stay away from her. But It is not so. She has her rights as a wife on you, till both of you are not legally seperated. Regarding marrying another girl while the first marriage subsists, it is punishable for bigamy if you are a Hindu.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 November 2009

Personally, I think the "BACK DOOR ENTRY" idea of Mr. Mahesh, is very good, for all the present youngsters.

I further think that the Legislature should be able to "legalise", this "back door entry", taking into consideration that the Courts have literally legalised  "gayism" (IPC-377).

The section for "bigamy" can be made redundant and few sections of the HSA & HMA can also be suitably modified, even if it means putting the Hindu culture down the drain.

Mr. Mahesh'ji,  please go ahead, after all  "Where there's a will, there's a way".

 

Keep Smiling .... Hemant Agarwal

 

 

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     07 November 2009

Mahesh ji, this is not possible.

But plz mention ur complete detail about ur pending divorce and grounds taken therein. May be we can suggest u an idea to get it done quickly.

Regards

K. Rajendra Prakash (Advocate)     09 November 2009

You cannot marry her during the subsistence of your first marrige.  If you are a Hindu it is likely that it may result in your conviction for bigamy.  You have to wait till the divorce petition is decided.

B.N.Rajamohamed (advocate / commissioner of oaths)     10 November 2009

Sir,

Whereever you go you are guide by the Hindu Marriage Act,1955 which tabooes the second marriage when the first wife is living and the marriage with her persists. You have to face the problems when it arises as your second marriage is a void marriage. And you may be held liable for bigamy also under section 494 I.P.C and you have to face the imprisonment.

 
1 Like

Mahesh (Owner)     18 November 2009

Dear all:

India is not a signatory to Hauge convention and therefore a marriage in other countries needs to be registered before becoming a legal one. Just marrying someone in a different country can not be claimed that I married in India. If I actually marry someone in a different country and do not register it and live in another country like Singapore, laws of India will not apply. Also, how my first wife can prove that I married another lady in other country. In order to prove bigamy, she will need to be present for my second marriage or need to have a copy of my marriage certificate as in this case both will be unavailable. 

Suchitra. S (Advocate)     18 November 2009

Sir, as you said, it is necessar for your wife to prove that you havemarried another woman in order to file a case of bigamy. But for claiming a right of maintenance from you, it is enough for her to prove you are her legally wedded husband. :) 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

 

yes suchitra is right and once she will get annoyed and file any criminal case then it is not possible for u to leave india and in that case ur second wife will itself come into picture to know the reason why u r not attending her. So u want to say u can made her fool but dont forget that MULLA can run from house to Masjid.

So u can run from one wife to other but when law will consider ur status of mind then u will not be able to move an inch.

Good luck.

kumar deekay (respondant)     23 November 2009

Dear Kamalji, you have rightly said that MULLA .......  from Masjid. he dont have any option but to face the law. But  If Mr. Mahesh is on his will ..... so he must be having some gennuine resons for all his thinking.

what is the maximum punishment on bigamy if her wife file the case of remarring during existence of first marriege.

Rajadiraja (Advocate/consultant )     08 December 2009

I agree with all the views.  But dont you think the same thing applies to a woman also.  What if a woman marries for the second time when she has a living spouse and takes a divorce after 6 months of marrying for the second time which is not to the knowledge of the second husband.  Then the second marraige become null and void based on case filed by the second husband after he gets to know of it when a child is born.  Now the null and void woman also files a DV case and another case u/s 125 of crpc in the name of the child.  What is the position of the second husband in relation to the case u/s 125 of crpc. He is prepared to take care of the welfare of the child but does not want the maintenance to be paid to her for the child. 

Suchitra. S (Advocate)     09 December 2009

Rajshekhar ji, Whatever the position of their marriage, if the child is born to a person from a woman, he becomes the father of that child. And so, the child has the right of maintenance from him on the basis of paternity. Here, in the case, you have mentioned, he cannot escape giving maintenance to his son, but he can only escape maintaining his wife on the basisi of void marriage.

Hardik Mehta (Family Counsellor)     09 December 2009

Mahesh,

Why do you want to get married? Since you are out of the country and going to stay out, you can stay in live--in relationship in that country. This is vaild and there will not be any legal hassels. The live-in relationship of that country cannot be tied to the courts in India and this will also not attract the provisions of bigamy as well as adultery.  You can get married after the divorce.

sanjay sharma (abc)     10 December 2009

Wll said mr mehta ur right


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