Second marriage while divorce case under process

well in that case as per law you cannot have a second wife till you have divorced first wife.

if possible settle the issue with monetary compensation.

Thanx Mr. Gagdani for reply

Sir i have already tiried, I am a self made person and not so rich i built my house with my hard work now she wants 50% share in her name, I am ready to pay maintinance but unable to give ownership in my house share .i know she just a greedy lady and if i named her she will sell this portion . i have said to her that i can named on her name 50% place in my house but she cant sell or transfer it till her end . Is she able to claim share in my house as per law ? i am not living with her and neither we have any type of husband wife relation since a long time . she always threat me and several time call to police for harrashments to me .

well ,property being self earned property  ,she cannot claim share during u r lifetime

Under s.125 she can only ask for maintenance from you. But if she files DV case against you, then you will have to provide residence to her.  You cannot marry till the case is decided and if done, will be an offence.
 

Thanx to all of you for reply towards my problem.

Would i have to provide residance to her in my own home or i can provide residance on rent in which area i am living .If she asked residance in my own house can i refused her this demond in the court ? This time we are living together in same house in seperate rooms . In this position we both are suffring in mentaly tension . Can i apply in the court that i am unable to live under one roof and i am ready to provide residance on rent in same area untill divorce case does not decide .

look you have  a good ground for divorce case in any way she is not entitled to your property.

as per your reply i found that mostly you will get divorce.

and that to you will not have to pay any part of your property.

do one thing have a private marriage and in addition don't show to anyone as your wife 

except your relatives.

get one rent agreement on your new wife's name that you have allotted 

a room or part of the property as rent. but in that case don't have

any type of proof of marriage that your wife can get.

"better is to get divorced by filing divorce case i.e. in your case the case will be of completing marriage rights. 

in gujarati it is known as lagna hak pura karvano case."

Sir, why do you want to complicate the issues unnecessarily? Now that she is only claiming maintenance and let ti be decided. I told you about the provision wherein she can ask for residence.  But yes, you can provide her a rented home, too if she claims that.

I respectfully would like to differ from the views of Gulammayudin Sir. We are here to guide gullible people who come to us for advise. Let us only give advise which are legal.  He cannot marry till he gets a legal divorce.

Thanx to respected all of you for yours helpful advices .

I also don’t want to do any illegal act  but I want to clear one thing that I had marry with her without dowry and thought that she belong to a poor family so she will respect to the social values and elders but after a short period I felt that it was just my dream she started misbehave with me and with my relatives even with my siblings . About her behave several times  I complained with her parents but they never paid any type of attention even till date neither they advised her nor they comes . I am a literate  person and child is not a big issue for me I had arranged medical treatment for her and also tried to adopt a child from my blood relation and from orphanages but she had never shown her interest to adopt a child. She always doubt on me from starting .Now she has filed case in the court and blames on me with misguidance of some one . Even police offices and CAW cell offices tried to teach her but no any result . Now I am in this situation that neither I can live nor I can die. I have no so much income that I could live on rent at another place so that this is my big problem that I have to living with her in same house under one roof in separate rooms . Since a long time no any type of relation between us like husband wife . She has already told me openly that she will ruined my life and she can finished my life with a single push from stairs because I have injured with an accident two times and steel rod is inserted in my both legs . As  know divorce process is not so easy and it can take a long time while my age crossing now 40 yrs . Please give me proper legal advice that what should I do in this situation? I don’t want to live with her in same house until divorce or 125 case decision does not comes.   

Dear Ravi Kumar

She is entitled to maintenance as per section 125 of Crpc. Recent rulings of the Supreme Court supports that maintenance also includes right of residence.

You also have right of divorce. But before divorce you have no right to solemenize second marriage. Bigamy an offence under Indian Penal Code. So my sincere advise to you is that do not go for second marriage unless divorce is done.

This is not so complex problem as you understand. It is day to day case we the advocates face. mention in the court that you are ready to give maintenace and separate residence to her, case is over. what will happen ? she will demand huge compensation. Negotiate it.

Thanking you Mr. Ansari for your sincer advice to me but i just want to know some of thigs :

1. Is she have rights to claim in my self earned property ?

2. Can i take permission for second marriage from court as my age crossing 40yrs and we dont have child and ground of her misbehave?

3. Can i take permisson from court for her seperate residance on rent untill divorce or 125 case decision does not come ?

Please

The is complecated and have no respect for time fector. As you have seen defferent opinions here. To all my advocates friends my simple opinion that the advocate must find ways out of legal tangle. And for the gentleman seeking advice, please get a local advocate  and on line of advice offered here he will find ways out for you to marry again but but .... provided you get an understaning partner otherwise you will land in bigger problems.

Dear Mr. Ravi

No, she have no rights to claim in your self earned property ?

You can't  take permission for second marriage from court on any ground.

Yes you may take permisson from court for her seperate residance on rent untill divorce or 125 case decision does not come ?

mr. kumar, in your case, it is advisable to file a divorce case as soon as possible elaborating al the instances against your wife. if you have faith in yourself, that you have done no wrong knowingly to her, i dont think why the divorce cae should go on for more than a year which is the maximum by any standards unless your lawyer agrees to the adjournments sought by the other side. further, if your allegations are right, then no court will ask you to give maintenance leave alone asking you to give a part of your property. however, there is a presemption of innocence in favour of a woman since she is mostly the victim. the question that arises is why would a woman do such a thing therreby destroying the very security, every woman should cherish? do some introspection and if still you feel that you have done nothing wrong to her, then go ahead. and as there are no childrens involved, i beleive the same should hardly be a matter of 6-7 months. further, you can even file an application for expediting the matter on the grounds that you are already 40 and want a heir to carryforward your family. i should be allowed.