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Sourabh (Student)     23 December 2011

Two marriages by husband

Respected,

                         My sister is going to marry a person who is already married. His wife is alive and there was a problem with their first marriage that they didn't have children due to some problems. So he has now made my sister to fall in love with him and he is doing every possible thing to marry my sister so that he can have a child. Me and my parents are against the marriage and dont want this marriage to take place but my sister is saying i will marry to that person or else i will not marry ever. That person says that he has talked to his wife and she is also agreed for this second marriage. However,he has not yet talked to his parents and he is saying that they will not even interfere as they are very old in age. I think that,that persons' only reason for second marriage is to have a CHILD,nothing else. My sister is in Govt.job. will this affect her job too?? 

                       PLEASE HELP me to come out of this problem. ? Is this marriage legal?? Also some laws which are against this.



Learning

 13 Replies

N.K.Assumi (Advocate)     23 December 2011

Consent to any acts prohibited by Law is immaterial and he can be booked under the offence of bigamy.Better get divorce first and go for second marriage.

3 Like

Shantanu Wavhal (Worker)     23 December 2011

the second marriage will be void-ab-initio.

even if first wife gives consent (even written consent), 2 nd marriage will not be valid.

the man can be booked for bigamy.

but remember - either 1st / 2 nd wife can file complaint of bigamy - no 1 else.

if both the wives do not have objection, the man can not be booked for bigamy.

its the case like - Miya biwi raji, to kya karega Kazi !!

 

however, u can stop the second marriage, as it is illegal


LAWS :

sec. 5 (i), read with sec. 11 & sec. 17 - HMA, 1995

IPC 494

as per central civil services conduct rules, your sister will loose her govt. job if she performs this marriage.


1 Like

Bhaumik Patel (law student (internship in high court) )     24 December 2011

i thing yes but india absolutely no dear if she want to marry with him then permitt her but first she give direction for her future husband to convey his wife to give divorce on mutual concent not any other ground then after it's done that is good for u and ur family and mostly that thing is nit effected on your family for as like as reputetion is also protected. 

Bhaumik Patel (law student (internship in high court) )     24 December 2011

but if her future husband are convey with him his wife to give divorce then it's not affected her job i know u r my senior sorry for give direction on the prescribed topic.

Shantanu Wavhal (Worker)     24 December 2011

@ Bhaumik Patel, 


I strongly disagree.


what makes u suggest destroying the marriage of first legal wife ??

Shantanu Wavhal (Worker)     24 December 2011

@ Bhaumik Patel, 

also, the author of this post is looking for the means to stop the second marriage.

Bhaumik Patel (law student (internship in high court) )     24 December 2011

m not agree with you how can it possible the person who already married and he want to marry with her in this case only the second marriage is remedies then it's mean if it's done thaen that is the void marrisge.

Sourabh (Student)     24 December 2011

Yes i want some means so that i can stop the marriage as it will affect the family in many ways also it affect the reputation.

And it is sure that he will not be giving divorce to his first wife as they need a child for their future generation as he is the only son of their parents.

Aakash (CEO)     24 December 2011

If at all your sole aim is to stop the marriage then I think simplest way is to collect evidences of his first marriages like photograp etc and keep it with you and let the marriage take place but right before the ceremony call the police and let him explain what he is trying to do? I mean why only wife can raise the objection or file a case of bigamy when you have sufficient proofs that 2nd marriage is being solemonised without getting first nullified.

This will make you a villain in your sisters eye but definitely save her from being simply a KEEP for this man without any rights of wife.

1 Like

K.P.Satish Kumar (Advocate)     24 December 2011

Law dosent stop a person to live with a lovable mistres, but it prohibit second marriage. It only takes action when any one of the wife gives complaint. But the second marriage is nul and void before the eyes of law. So kindly adivse your sister to marry that person after geting divorce from the first wife.

Visit: https://yourdivorceadvocate.blogspot.com

email: divorceadvocate@aol.in

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 December 2011

Pleople, society and law does allow people to love or remain happy.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     24 December 2011

Dear Sourabh,

You have got so much legal advice on legal issue and this issue is discussed at length. So,  it does not need any further comment/opinion. My question is to all of you, what will be the remedy even if your sister would not concieve after marriage?.  Have you gone through the health history of that chap. some propositions are not only immoral but illegal. No body here is against love but it is the love of sourabh towards his sister. so his concern towards his sister is genuine?.  Please make ur sister understand all these facts with cool mind. any wrong step can change her entire life. so let her make decision after narrating all facts to her?.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associate

9811210505, 9868635640

1 Like

Chetan Singh (SE)     24 December 2011

Hi Auther,

Best Solution is to convince your sister first, but if she is in real love and that person has also true love for her.
Then suggestion is ask that person to give divorce his first wife leaglly, I am not saying to sent her first wife out.

So take divorce from first wife then marry with second wife.Other wise your sister would be in troble.

1 Like

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