Second marriage. Please help.?

Question

I am a Hindu married for the last 16 years under the Special Marriage Act (Court Marriage). My wife is not faithful towards me and used to torture me too. Our divorce case is pending in the courts. But she is creating problems in giving me divorce. I do not want to cause her and my family public embarassment by raising the issue of her infidelity. I am trying to obtain divorce on the grounds that we have been living seperately for the last 3-4 years. But I think our divorce case will take a long time. Meanwhile I am in love with a girl for the last six years and want to marry her. My wife says that she will not divorce me but she will accept if I marry that girl. Can I marry the girl if my wife allows me in writing for the second marriage ? If yes, on what grounds ? Can anybody help me please ?

Answer 1

Marrying for second time in absence of divorce from the first wife can cause problem for you if your first wife makes any complaint against you under section 494 Indian penal Code for the offence of bigamy. But as you state she is prepared to give in writing allowing you for second marriage then what we have to see if such an agreement is legal or enforceable in law or not. According to the Indian Contract Act any contract which is for any act or in furtherance of any act, which is illegal or against the public policy cannot be enforced, so we can say that even if your wife now gives any thing in writing now but she still moves the court against you & files a criminal complaint for the offence of bigamy you wont be able to take this plea that she had agreed for such a marriage. Although the law is very clear that the complaint for bigamy can only be filled by the first wife but I will not suggest you to go ahead with this till your civil suit of divorce is decided & you obtain decree of divorce. Rather you make a prayer before the hon. ble District court to expedite this case as expeditiously as it can so that you can marry again. If you still want to continue with your second marriage issue then don’t get married to this lady with proper ceremonies & customs which you two follow hence the valid solemnization of such a second marriage will always remain a defense plea with you in case your first wife makes any criminal complaint for bigamy. Contact me for further guidance directly.

Answer 2

That is a question for someone who has knowledge of the Hindu legal system.
If you lived here, you would not be able to be married to two women. She probably knows that,and won't issue you permission for a divorce. That seems so unfair.
You are doing right by not causing public embarassment. Can't you just move away, and not marry the girlfriend. What is a piece of paper when you love someone. I would spend the money and get a lawyer for this one. Also, if you can prove she was abusive you have already won! Divorce or not I woud run fast from a person who was abusive! So what are you waiting for?

Answer 3

It seems like you have started cheating your wife after 10 years of marriage. For last 6 years you have been fooling around with that girl and your wife and family is keeping their mouth shut. If she do not want to divorce you, means she is hoping you may go back to her. Even if your wife consent to you getting married to the other one, you will definitely break the law and may end up in a prison. Most countries do not allow two wife. Unless you live in a country that allow more than one wife. You might have to change your religion from Hindu to Muslim. If you convert, you are doing so for lust only. What ever you do, think it over. A good and devoted partner is very hard to find and I think you have one for last 16 years..

Answer 4

Hi,

As per Hindu marriage act you can not marry until the your present wife gives you divorce, bigamy is permitted only in Muslim laws. In your case you had been under Special Marriage Act as Hindu. Pl. wait or try to short out out of court taking the help of common friend.

Answer 5

Despite, parties' being Hindus, (Indian) Special Marriage Act 1954 will apply. None can take benefit of own fault of deserting the spouse. Divorce may not be so easy unless consented. II marriage even with consent of spouse will not legalise it, II wife & offspring will be illegitimate with no legal rights of inheritance succession etc. II marriage is offence u/s 494 Indian Penal Code punishable upto 7 years jail+fine. However wife's extra marital (unwed) sexual relations are not barred or prohibited in any Indian law and husband's also: if her marital status was unknown or coitus was with her husband's consent or connivance..

Answer 6

u r living separately from each other for 3-4 years and u love a girl for the past 6 years, and also infertility is a cause for this but Mr. actually your wife loves u too much. If she agrees for your marriage with that girl and raises no objection then u should go ahead Don't try to make her helpless by your new and selfish love

Answer 7

once bitten boss you must be twice shy. in any case if you want another entanglement wait for the divorce to go through before you take another committment. you cannot marry twice under the hindu marraige act. it is a crime and your wife can file another case [unless ofcourse she permits it or something] if you were to ask me stay out of further trouble and avoid any more relationships in this already tormented world.

Answer 8

its clear that d reason of ur divorce is u not ur wife?
Hat's off to her that she can accept ur second marriage!!!
But dear may b she is playing smarter than u???dont trust untill u get a original divorce from d court or u may be arrested coz of bigamy!

Answer 9

I think that you need an official divorce until you can get married again.

Answer 10

if you have been seperated from her for that long, a divorce is easy to obtain...sounds like she just dont want you to be happy