A couple started having marital problems after a year of marriage. Out of the wedlock a male child was born after a year.
After staying together for 1-2years, the wife walked out of husband’s house. It is almost 16years now that they are living separately on their own.
The wife filed a Maintenance case and admitted that she has been staying away from husband for last 10 years.
The husband has been paying maintenance for the last 5years to the wife and the son.
After the maintenance case filed by wife, she told her husband that she does not want to reconcile and stay with him and neither would give him divorce.
The husband then filed for a divorce. The basis of the petition was Dissertion and Mental Cruelty.
While the divorce hearing was pending, the husband got married in Arya Samaj Mandir. The second marriage was not registered in the court.
The first wife produced the Arya Samaj certificate just 5-6 months before the trial was going to end and requested the court to include second marriage clause.
The Trial Court though did not include the second marriage clause but decided the case in favor of wife and rejected divorce plea of the Husband saying that inspite of the husband marrying second time, the wife was ready to stay with the husband.
The husband then filed a plea in High Court seeking relief.
High Court took cognizance of the second marriage and said that it was a wrong doing of the husband and dismissed the case.
Question ,
Q1 - The husband wants divorce. Can anybody provide their invaluable advise on how the divorce can be obtained from first wife ?
Q2 - Can first wife file for a Bigamy case if she is in knowledge of the second marriage since 3 years ?
Q3 – Though the second marriage is not valid in law, Can the second wife cancel the marriage now to save from any court cases in future? if yes, how ?
