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without divorce second marriage is possible according to law

Page no : 3

mohsin ali (agra)     23 January 2010

aur accutally confugion yahan hai ki ager court k zariye koi shadi karta hai to notice jata hai dono party k yahan par ager niqaah karwaker usko register karaya jaaye tab kya notice jayega?ek baat aur sir kya doosri ladki k gher walon se i mean 2nd wife k gher wale ager khilaaf jaayen to kya woh koi action le sakte hain halaki ladki poori tarah se support mai hai aur jaanti hai ki jis insaan se woh shadi kar rahi hai woh married hai?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 January 2010

your information incomplete. because court can perform any marriage under mohamedan law. if it is a court marriage, then must be a marriage under special marriage act, and in that case your friend may be charged under sec 494.IPC.

better try on mohamedan law. it is safe.

if the girl is minor, then her gurdian may take action. otherwise it is okay.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 January 2010

please read "court can not perform" instead of " court can perform "

TARUN (DIRECTOR)     11 April 2010

I got marriage in 2008 in Chennai, And from the day one on small issues husband and wife use to fight and the issues had taken more violent and my wife had filed a false complied against me, my family, and even on my uncle and there family. And were there was just a minor misunderstand and because of my wife father, As he is into politics he have some good contacts he use to force me to do as her daughter wise. Now I want divorce from my wife and even they want but after few years. Because they want to see be behind the bars after that they are ready to give divorce.

 

         They had filed a complaint against me is of dowry , My family tried to burn her from kerosene and also worst thing is that they even put-up this matter in media by saying this that my family people had taken her B.F when she was taking bath, and also we had given some sleeping tablets to her and did this. And seeing all this even we had filed a complaint that against. That the girl was suffering from mental disease by which she use to give life attempts, And some other facts. In this we had also filed the petition against the respondent (My wife) for divorce. By the activity of family court I feel it will take one more year to get divorce.

 

I want known on this stage can I do second marriage, if it possible then pls guide me.

TARUN (DIRECTOR)     11 April 2010

I got marriage in 2008 in Chennai, And from the day one on small issues husband and wife use to fight and the issues had taken more violent and my wife had filed a false complied against me, my family, and even on my uncle and there family. And were there was just a minor misunderstand and because of my wife father, As he is into politics he have some good contacts he use to force me to do as her daughter wise. Now I want divorce from my wife and even they want but after few years. Because they want to see be behind the bars after that they are ready to give divorce.

 

         They had filed a complaint against me is of dowry , My family tried to burn her from kerosene and also worst thing is that they even put-up this matter in media by saying this that my family people had taken her B.F when she was taking bath, and also we had given some sleeping tablets to her and did this. And seeing all this even we had filed a complaint that against. That the girl was suffering from mental disease by which she use to give life attempts, And some other facts. In this we had also filed the petition against the respondent (My wife) for divorce. By the activity of family court I feel it will take one more year to get divorce.

 

I want known on this stage can I do second marriage, if it possible then pls guide me.

Minal (Assistant Lawyer)     11 April 2010

Second marriage without divorce is illegal, so my advice is first take divorce through court and then go for second marriage

sujatha (xxxxxxxxxxxxxxxx)     15 September 2010

i

Subramaniam (Doc Controlls)     16 September 2010

Dear Sirs,

Please advise me on the matter of that it passed 20yr, we were in love (sincere) and after her forced marriage 3 year later I also married.  the year back I saw her and we renewed our love and trying to marry.

 

Advice on this regards our law tells what?

Arup (UNEMPLOYED)     16 September 2010

you may go to live in if she got divorce

 

if she do not get divorce then do not go to live in, because it attracks sec 497 of ipc, it is punishable offence.

never go on second marriage untill divorce of both the parties. because it is penal offence u/s 494 of ipc.

Rahul (Engineer)     26 June 2011

Dear sirs

i have faced so many problems with my wife,literally egoistic perosn,admant behabviour, i waxed that kind of behavour , so i applied divorce last month.but god knows how many days it will take to clear.

So mena while i want to marry a softkinded person, my parents are searching ..if girsl family ok wth my condition, if that gal will accept her as servant before court...i mean..proofless marrige..can i go ahed with that..please advice me sirs..bcoz im fedup of my life...if some one will show some good way, definately he is the god into my life

please sirs, suggetst me possbble ways plzzzzzzzzzzzzzzzzzzzzzzzzzzzz

understand my problem help me sir.pleaseeeeeee

 

Rahul

Jogi Bhatia (Employer)     06 December 2011

Dear Rahul,

It looks like neither your first wife wants to come back, nor she has any plans to accept the divorce.

Now it will be difficult for you to get a divorce if your first wife says NO. Our law is in favour of the girl so boys have to suffer.

No matter what your lawyer tells you but such cases can take YEARS. Your wife may also ask you to pay the fees of her lawyer and other maintenance charges so it also affect you financially.

There is no point in wasting your LIFE, so go ahead and find a suitable girl that can stay with you without telling anybody that she's your wife.

Also marriage is not about taking 7 circles around fire - it is about understanding, respect and love.

Best wishes and do take care of the second girl as she will be doing a lot of compromises.

Cheers and enjoy,

JOGI

Rajiv (Senior)     05 May 2012

 

Hi,

We got married on 2010 and stayed 6-7 days together after marriage and afer that she left to Hydrabad to join the company and i came to Noida to join my company. She dont want to come with me after the marriage so i came alone to Noida. We are staying alone so In 2011 we came to conclusion to file a 13B Mutual consent divorce and that time we both are agreed. 

Its almost 8 months over filing the 13B case but she refusing to come to court to settle down the case. Now she want to continue with me but i am not ready to continue with her. Before filing the case she informed me that she had a affair with some other guy who is working in the same company and she want to continue, so i also aggred because my life also screwed up so i dont want to continue, thats why we filled the 13B. But now the other guy refesued to continue with my wife, thats why my wife again came back to me and asking me to continue with her and i am not ready.

Till now in almost 2yrs we stayed only for 6-7 days together during the marriage time after that we r staying alone like a bachelor. When ever we discuss the 13B case topic she use to refeuse to come to court and we use to fight over phone. Even our parents doesn't want to us to continue the marriage after hearing all the story of that girl. One day that girl called me and asked to me to return all the items i received during mariage gold,money etc, i also aggred to return all those items but again after few days she saying i want to continue with u. HSe is a mad girl not able to decide what to do at this stage. During our mariage time also lots of hesitation whether to go for this marriage or not, but unfortunately due to society i got married and suffering the pain almost 2yrs.

Can someone plz give soem suggesation how to overcome this messy situation and get rid of the pain.

Regards,

-Rajiv

Anjuru Chandra Sekhar (Advocate )     05 May 2012

@Y.V. Vishweshwar Rao.  Good question.  I believe marital and family laws shall only remain within the ambit of Civil laws not criminal laws.  Only when they get criminalized, they should find place in Penal Code.  When an offense under Penal Code is committed, whether anyone gives complaint to police or not, the police has a duty to take cognizance of it, if it is informed.  As you said, the wife has no objection, then who else can have objection if a man marries another woman when the first wife is permitting him to do so?  Any enemy of that man can have objection and when he knows that police can arrest him and initiate criminal proceedings, he will inform the police and police will file the case against that man under Sec.494 of IPC.  That means it becomes an objection to the State, not to the wife of the Accused and State tries to prosecute him and bring him to justice.

 

What is the interest of State in the personal affairs of those 3 people?  When those 3 people have no objection to live together who is the State to intervene and say, bigamy is an offence hence you are liable for punishment?  They cannot do it to Muslims because Muslims have their Muslim Personal Law taking precedence over the Indian Penal Code.  But people of all other religions must obey the IPC and State can initiate criminal proceedings if any man marries when first wife is still with him as his wife. 

 

In Andhra Pradesh, Sec.494 and 495 are cognizable offences.  That means the police can arrest the person indulging in bigamy or concealing the fact of bigamy without a warrant.  And we find that Sec.494 of IPC is a compoundable offence as per Sec.320 of CPC.  Whereas Sec.495 is not a compoundable offense.  There is some sense in it.  Though it is an offence, if the spouse has no objection to it, the accused can be acquitted.  However, when the spouse is not intimated and the fact of second marriage is concealed with the spouse then it is not compoundable.  Which means the law presumes that if it is concealed with the first spouse, then it implies the marriage has no acceptance of the first spouse.  And so it is not compoundable offense.  However it is also possible that though it is concealed, she/he may accept the second marriage and forgive?  So it makes sense to make 495 also as compoundable offence.  In fact all family related crimes including Sec.498A shall be made compoundable, bailable, non-cognizable except when it is coupled with the allegations of causing physical injury or death, which anyway can be filed under two sections, like 498A + Sec.323 (causing grievous hurt) or 498A + Sec.300 or 299.  Which means, when it is filed under two different sections in which one of the sections is non-compoundable then that offense shall be treated as non-compoundable offense. 

Amit (NA)     06 May 2012

Can someone comment on Jogi Bhatia's response?

Further my questions are:

(1) If the second marriage has no proof, is conviction possible?

(2) What proves that a couple is married? (photos, videos, witnesses etc)

(3) What if the couple (second marriage) are living together for a long time? Is that considered a marriage? Is living in with another unmarried woman (while the man still awaiting divorce) illegal?

(4) What's sufficient to prove that they are indeed living together for a long time? If they are living in adjacent rented rooms with two different rental agreements, can that be considered living separately?

(5) What if the second marriage is held far away from the places of the first couple? What are it's pros n cons?

(6) Can the purohit's testimony that he performed marriage taken into account as a proof? How can he establish that he indeed performed the marriage?

(7) Any other caveats to take care of before marrying another woman?

 

Thanks

Amit (NA)     06 May 2012

Adding one more:

(8) How does the man prove that he did not conceal his first marriage to his second wife? (IPC 495)


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