Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Wife left from matromanial house from last 3 years, Suggestion must

This is one of case. My friend Prasad Reddy lived in Mumbai, he got married in the year 2009 with Sasi (wife name), after one year they had one son (Kishore)born, later he 4 years (2014), he shifted his family Mumbai to Vijayawada, due to his job separation.  That time his wife relocate her parent home in the year 2014 with his son. She got job in SBI Life Insurance and my friend searching jobs till now, his wife not intrested to stay with my friend and my friend still depends upon his father (Lakshminarayana) from last 3 years, My friend’s father suggest my friend to give legal notice or 2nd marriage proposal. My friend wants to marry  2nd married women (Tanuja), whose husband not stay with her and one girl baby aged 10 years also. How to proceed to solve the 1st Wife issue, how to marry 2nd one., please suggest me   


 7 Replies

Siddharth Srivastava (Advocate)     14 July 2017

Without first marriage being dissolve by competent court by decree of divorce, second marriage is illegal and punishable in law. So firstly your friend should obtain divorce from first wife and only then he can remarry. your friend shall be liable to pay maintenance to child from first marriage and compensation and alimony to first marriage. Try for mutual divorce. Consult a lawyer with all details.

Ms. Usha Hegde (CEO)     15 July 2017

The soundrel could not maintain wife 1, why he wants to spoil his own life by marrying wife 2?

Procedure is take divorce from 1st wife and then remarry.  God save the second wife.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     16 July 2017

A person who is unemployed and dependent on his father should not dream of going for second marriage, that too without dissolving the first marriage through competent court and without getting the marriage of the second girl dissolved by a competent court.

A walk alone (-)     16 July 2017

As a friend you should give him correct advice ask him first do job then think about marriage other wise same thing will repeat after his second marriage. Ask him to take divorce first mean while search a job. After job do marriage.

Raveena Kataria (Advocate )     19 July 2017

Since, neither the wife and the husband seem interested in saving their marriage from falling apart, both can apply for divorce by mutual consent under section 13(B) of the Hindu Marriage Act. That'll prove the shortest and the least expensive method with respect to court-proceedings and lawyer fees. If the wife isn't ready for a mutual settlement, the husband can apply for divorce on grounds of desertion, (u/s 13(i)(b) of HMA,) provided they stay apart at least for a period of 2 years.

As mentioned by others, the husband cannot proceed for the second marriage without having his first marriage legally dissolved by a decree for divorce, otherwise he'll be liable for the offense of bigamy u/s 494 of the Indian Penal Code (and will furthermore be liable to both his former and new wife for maintenance as per various different legal provisions.)    

omprakash agrawal (director)     28 July 2017

I have read the answers of hounarable members. It is agood suggestion. I want to know that if a divorve decree is got u/s 13(i)(b) of HMA(ex-party) about 1year back  and she know abot it 6 month before can a wife claim a maintaince u/s 125 crps?


Adv Radhika Mehta (Advocate)     28 July 2017

Yes she can.  Wife as specified under Section 125 of the CrPC includes a Divorced woman. 

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