she has a 4 year old daughter which is nt mine,she was married to me forcefully by her parents,her boy friend also promised her acceptance bt he denied afterwards when she had no option she is nt leaving me too.now i m tired of streching this relationship.and want to give new start to my life by marrying the one i live since 3yrs.she is 9yrs younger to me and she knows every thing about my past ,then to she loves me,plz tell me if i marry her without taking divorce what will be the concequences,as 5 days back delhi high court has given decission in leading case NARENDRA KAUR V/S MANJIT SINGH second marriges will b considered and second wife will be liable of all the rights of first wife.PLEASE SUGGEST ME WHERE TO GO.....??????????
coz i can nt spoil her life at any cost coz we really love each other.
2007-09-29 08:41:57 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You people simply read the newspaper & come to know about some High court or Supreme Court of judgments in brief without going in the details of the same or going in the depth of the whole matter. Do you know if you marry this other lady without decree of divorce or dissolution of marriage between both of you, not only this second marriage will be void under section 5 & 11 of the Hindu Marriage Act, you can be prosecuted for the offence of bigamy under section 494 of the Indian Penal Code as clearly provided under section 17 of the Act. What Delhi High Court has held in Narender Kaur V/S Manjit Singh Case is not that the second wife is legal wife but she can seek maintenance from her husband although being an illegal wife & their marriage being void, but since she had been living with him for long period of time & was recognized as his wife in the society, considering her such condition & presuming her as a wife her right to maintenance should not be denied under the provisions of the Hindu Adoption & maintenance Act, 1956. This judgment has been given by the Delhi High Court & it will definitely be challenged in the Supreme Court which may reverse this judgement, hence you cannot rely completely on this judgment. More so in the judgment it has been clearly mentioned that such wife is not legal wife & their marriage is void, so my contention that your second marriage with this lady without dissolving your first marriage is fully supported by this very judgment you quote here. What all you should do in such a case, just try compromising with your wife to agree divorce by mutual consent, that form of divorce takes shorter period & you then can marry this lady legally. Other option left with you is to continue fighting your divorce case in the family court & avoid going for any form or ceremony of marriage with this lady till your case is finalized & decree of divorce granted by the court, till that time continue staying with her just as you have been doing till now, your going for any marriage ceremonies can put you in trouble, even if you are suggested by some lawyer/advocate to get it done but avoiding the necessary marriage ceremonies which are essential for a valid form of marriage between both of you & which is binding you both by your religion & customs or usage. Such recommendations are no doubt very good but then you still will be facing a criminal complaint against you that your first wife will file for bigamy, although that will be ultimately get dismissed on this very ground that you did not go through the necessary marriage ceremonies that would have bound you for such second marriage. The time you will be wasting along with the lawyer's fees for such criminal complaint will be immense along with your traveling to the place where your first wife will file such a complaint.i.e. The place where she now lives after leaving you.
2007-09-30 17:54:35 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
why are u so tense u have atleast got a life partner ,marry her and live in lonavala /khandala or some where else.
ur ex wife will be punished dont worry, she will break one day.just wait.
2007-09-29 15:52:00 · answer #2 · answered by vinaychoubey 1 · 0⤊ 0⤋
follow vijays answer to the tee. hes on the money.
2007-10-03 12:17:08 · answer #3 · answered by Jack 6 · 0⤊ 0⤋
start being a jerk to your first wife, maybe that will work
2007-09-29 15:45:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋