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tushar   07 January 2017

Second marriage null and void when first marriage in place

Second marriage took place in the pendency of first marriage. The information about first marriage was shared with second wife. But after some time second wife filed DV, 498, 420 claiming that they were not aware about the fact of first marriage. Now first marriage is over and legally decree is available. Now how to deal with the second mariage and how to fight in the court?? Second wife has proof of marriage like photographs etc. Recently court granted maintenance to the second wife..How to come out of this now..



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 6 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     07 January 2017

Dear Tushar,

It would be better if you approach a lawyer of your area and show all the documents you have, so that he can guide you in a correct manner. Without knowing proper facts available on documents as well as in conversations between your family, the Advisors suggestion may give negative impact. 

tushar   07 January 2017

The lawyer is taking care of the cases. But when this will end?? As she has filed for maintenece and she is getting now. But what i m supposed to do?? Am i supposed to enter into the third marriage on the basis of first divorce decree?? What will be the end of this??

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     07 January 2017

Dear Tushar

If you want to be law abider, you have to be patience.

Otherwise, you can act as per your whims and face the consequences.

 

tushar   07 January 2017

Dear Sir,

I am not able to understand how this will be resolved. If we say that the second marriage is illegal then how the court is entertaining the cases filed by the second wife? Court has already passed maintennace order and she is enjoying money. Now what else has reained in the case excpet maintenance. How long it will go??


(Guest)
Originally posted by : tushar
Second marriage took place in the pendency of first marriage. The information about first marriage was shared with second wife. But after some time second wife filed DV, 498, 420 claiming that they were not aware about the fact of first marriage. Now first marriage is over and legally decree is available. Now how to deal with the second mariage and how to fight in the court?? Second wife has proof of marriage like photographs etc. Recently court granted maintenance to the second wife..How to come out of this now..

Pay second wife one shot alimony and take mutual divorce from her.

All these cases if not settled outside of court, will only run like mega serial for another decade, by end of it as you faultered already you might have to do time in jail too, not to forget pay alimony to her and if you fail to pay alimony again you go jail for not paying alimony.

Her alimony plea is legally valid.  Court awarding her alimony is also legally valid.

Contracting third marriage will be another debacle.

I am amazed by your couragee, you still have guts to remarry third time after two debacles?  Like this you will spend entire life in court hall.  Such waste of precious years and life.

whatnot   08 January 2017

Conclusion The social stigma attached with being a second wife, the absence of any legal status to the relationship, and the enormous pain of being cheated into the marriage are undoubtedly extremely depressing for a woman. Even though there is no recognition given to a second wife, due to the judicial interpretation of existing law as discussed above, she may have some chances of getting maintenance. In the absence of any clear provisions under the law, her chances of claiming her rights are largely dependent on the discretion of the judges. Even under the criminal law, it is extremely to prove bigamy, as the marriage has to be validly performed to prove the offence of bigamy. Usually these loop holes in the law are exploited by men to defend themselves in such cases. Given this background of contrasting legal precedents, lawmakers should make clear provisions to protect the rights of those women who have been duped into 'second marriages' so as to bring them some respite. More @
 

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