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Kaushik Nayak (executive)     07 July 2013

Second marriage without divorcing first wife

Hi Experts,

I need your valuable advice on the below issue.Please help me out as we are confused.

My brother married last year on the month of July.It was an arranged marriage & performed as per hindu rituals.However, it was not successful as my sister in law is a mental patient. Disease was discovered on the very first night & later we came to know that she is a schizophrenic patient.The fact was hidden to us and we were cheated.

We visited a mental doctor & she was prescribed some medicines.Then we realised this is not a curable disease.So we sent her back to her pre-marital home advising to take those medicines.

It has been almost a year, she is staying at her home.There is no communication so far from the both sides

We discussed the issue with a lawyer & enquired for a possible null & void marriage.After hearing the whole thing he opined not to fight a legal battle( divorce or null & void).

His advice as below:-

1- You have no medical evidence to prove the case. Hence the court will order for a medical check-up on her.This will be done by a board of members & not sure what would be the outcome.

(Although we are sure she is suffering from mental disease before marriage but lawyer says most of doctors dont want to destroy a girl's life.Hence getting certificate not a easy task)

2-If you file a divorce or null & void petition then they will come back with cases like 498a & other false allegations.It will double up your plight.

3-This court battle will not over by one or two years, It may linger to 5-7 years.Till then your brother's mental condition & other circumstancial changes may happen.He may deny to remarry for ever.(obeserving my brother's age & mental condition)

4-If you are determined to file a case against them, you have to be ready whatever the consequences may be.(Per him there is no gurantee that we will win).

Keeping the above facts in mind he suggested us to bypass all these legal issues & make an arrangement of a second marriage of my brother without divorcing first wife.

He stressed on a re-marriage without any function,proof & witness.As per him court needs proof to penalise you for a second marriage without divorcing first wife.So don't allow any of these to reach the court room & go ahead without a divorce decree.

we are confused what to do.Please advise me the merits & demerits of this idea.Thanks.



Learning

 15 Replies

Krish Narayan (Advocate)     07 July 2013

The 2nd marriage has no legal validity and it is void abinitio. 

Taking undue advantage of the subsistance of 1st legal marriage, the 2nd girl may start black mail for cheating under section 420 and concealment of 1st marriage under section 495 of IPC. This may lead further confusion and inviting legal problems. Better not to marry without legally divorcing 1st wife, for heaven sake...

1 Like

(Guest)

Hi, My wife age is 2 years elder than me. at the time of marriage my wife's parents hidden this age. Later we came to know that they cheated us. I have all proofs to prove her age is 2 years elder. After came to know her age am not at all interested on her me and my parents. Please advise these marriage would be void.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 July 2013

వనవాస  కాలంలో సీతా సమేంతంగా రాముడు అత్రి-అనసూయ దంపతుల ఆశ్రమానికి వెళ్ళినపుడు సీతాదేవికి అనసూయ పతివ్రతా ధర్మాలను బోధించింది. భర్త రాజ్యాన్నించి దూరమై, దీనస్థితిలో వున్న, భర్తను నింన్దిచకుండా, చులకనగా చూడకుండా అణకువగా వుండాలని, పతివ్రతా ధర్మాలను ఆచరించాలని అనసూయ చెప్పింది. సీతాదేవి అంతా విన్నది. గతంలో మా అమ్మగారు ఈ విషయాలన్నీ చెప్పారని, వాటిని తాను ఆచరిస్తున్నానని వినయముగా చెప్పింది. 

alka (designer)     07 July 2013

hi mera naam alka hai or 4 saal pahle meri shaadi hindu riti rivaz se hue thi...lakin meri shaadi chal nhi payi....or abhi mera divrce nhi hua hai....mai hindu hu ...agar mai ek muslim ladke se shaadi karti hu....or apna religion change karti hu means hindu se muslim bante hu tab bhi mujhe apne pahle husband se divorce lena hoga ya mai us muslim ladke se shaadi kar sakte hu....pls reply as soon as possible

shriks........... (healyhcare)     07 July 2013

divorce lena padega.................

Adv Archana Deshmukh (Practicing Advocate)     07 July 2013

@ alka,

Do not remarry without first divorcing your husband otherwise even if you convert into Islam and remarry, your first husband can file a criminal case of bigamy against you.

K.K.Ganguly (Advocate)     07 July 2013

Mr. Nayak,

1. Your's brother's second marriage, with out Divorcing his first wife, will be treated as illegal ab-initio,

2. It means that he will be sent to jail, if proved against complaints file by his wife or inlaws,

3. The children born out of the said illegal second wedlock will be treated  as illegitimate,

4. The second wife also will get no legal status in relation to your brother & no right on his property,

5. Finally your brother, his illegal second wife & their children, all will be effected for their whole  lifves without any sign of cure,

6. Collect evidence of her decease first, then file an application for declaring the said marriage null & void,

7. This is the proper & legal way.

 

 

 

 

Narendra Malik (advocate)     08 July 2013

Mr. Nayak better to aproach oppsite party and convince them for divorce by mutual consent.

krushna chandra mishra (executive)     18 December 2014

Dear sir

I am a married person & have two children & stay with my spouse right now. But last two year back I was second marriage on special marriage act 13 of Hindu law with consent of my first wife but unfortunately I can submitted the consent letter to marriage officer during the marriage. Now my second wife & her family blame to me & she file a write petition to family court for null void the marriage certificate u/s 5 (i) & (iv) of Hindu marriage act. The Second wife knowing  everything of my family, first wife & children because she is my relative by nature. She tried to threaten to me if u not marriage then I can suicide. All suicides letter & own blood love letter keep with me but right now she blame as fraud.

My point is I was not produced the consent letter at count when the second marriage happen. But letter that letter keep with me & date of consent letter is before second marriage. So please help me help my family life. I shall grateful to you & highly obliged 

SuperHero (Manager)     18 December 2014

Always Follow Rules and Regulations that is for our Safety. We should also follow law in the same way.

Better go for MCD and then do remarriage. Pay some lump sump amount

You will Save lot of Health, Energy and your valuable time.

shitu   23 February 2016

hello sir,

actually mere shadi ko 10 sal hogaye hai. muje ek ladka hai . lekin mein kisi dusreke sath pyar karti hooon aur uske sath muje shadi karni hai.but mere husband muje bahut pyar karte hai. but sir hamare relation mein kuch ladai jhagde hogaye to mein unka hate karne lagi. aur muje dusre ke sath pyar hogya hai aur uske beena mein life spend nahi kar paa rahi hoon.mein her din uske bare mein sochti hoon  aur mein usse bahut pyar karti hoon. to mein kya karu plz suggest me right decision

shitu   23 February 2016

hello sir,

actually mere shadi ko 10 sal hogaye hai. muje ek ladka hai . lekin mein kisi dusreke sath pyar karti hooon aur uske sath muje shadi karni hai.but mere husband muje bahut pyar karte hai. but sir hamare relation mein kuch ladai jhagde hogaye to mein unka hate karne lagi. aur muje dusre ke sath pyar hogya hai aur uske beena mein life spend nahi kar paa rahi hoon.mein her din uske bare mein sochti hoon  aur mein usse bahut pyar karti hoon. to mein kya karu plz suggest me right decision

shitu   29 February 2016

please sir i want your reply n suggestion as early as possible

shitu   29 February 2016

sir uske liye muje kya karna padega and mcd mein what this processer . and sir kya mein without divorce second shadi kar sakti hoon kya aur jisse shadi karne wali hoon o mere se chota hai to koi problem nahi hoga na. mein kab tk usse shadi kar sakti hoon.aur ye shadi ke liye no to meri family na uski family agree hogi but family se koi problem nahi ho sakta kya 


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