LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

second marriage with first wife consent

Page no : 2

Sarvesh Kumar Sharma Advocate (Advocacy)     18 July 2009

no

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     18 July 2009

MAYBE,  just maybe, a wee bit of a BIG chance.

 

A second marriage can be legal, with or without the consent of the wives AND may not be a crime,  AND the courts may be able to "DE-CRIMINALISE" the bigamy portion, AS THE COURTS HAVE  "DECRIMINALISED"   the crime component of section 377 (IPC).

 

With the "precedent" causing trend already initiated, by the Courts themselves,  the  "crime component" of many such sections and acts, could be  "DECRIMINALISED",

 

Keep Smiling .... Hemant Agarwal

 

M.A.T.Ganesan (lawyer civil &family laws)     19 July 2009

consent  will not validate the second marriage and it may land you in jail

J. V. Adavi (Proprietor)     23 July 2009

This is an interesting observation.  Can a third party i.e. other than the first wife, not complain against the bigamous act of the husband?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     23 July 2009

Any citizen of India can lodge or file a complaint with the appropriate authorities (courts , police)  regarding ANY offence that takes place under the Indian Penal Code, ON SUO MOTTO basis.

If the wife consents to the second marriage, the wife can be booked for  "ABETMENT" to bigamy, (punishable under IPC), even if the wife is the victim of Bigamy.

Taking one step ahead :  If you come to know of an offence, that has occured in front of you or that you can be a witness to it,  THEN it is your legal duty to report such offence to the Law authorities,  else you too can be booked for "concealment of offence or evidence or destruction of evidence or ..."

Keep Smiling .... Hemant Agarwal

 

 

 

 

 

Mrs. Hetal Sunil Shah (Advocate)     26 July 2009

No law do not permit you.

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

you can obtain consent of your first wife and that also in writing but that cannot absolve you from the offence of bigamy.  your wife may lodge a complaint or may not lodge a complaint after your second marriage.  r u ready to take the risk.

Arul Kumar (Legal Consultant & Professor at Law)     30 July 2009

The consent of first wife does not make the second marriage valid. Second marriage is void ab initio. So it is not enforceable at law.

lawyer_rajiv (9811284735) (lawyer)     30 July 2009

in the present situation, in case the first wife accepts the second wife and gives consent to the marriage, then who would challenge the validity of the second marriage.  the second marriage is void ab initio but no one else except the wives have locus to challenge the validity of marriage or initiate criminal proceedings of bigamy.  in case the man wants to take the risk, he will face the consequences in case any of the wives turns a volte face.

J. V. Adavi (Proprietor)     31 July 2009

Does it mean that the view of HemantAgarwal, posted on July 23, is incorrect?

lawyer_rajiv (9811284735) (lawyer)     31 July 2009

i would not say that the views expressed by other attorneys are incorrect but some lawyers advice on the basis of books and some render a practical advice.  as far as the locus in bigamy is concerned, criminal procedure code clearly defines the locus of complainant.

Deepak Jain, Hisar (Practicing Lawyer)     03 August 2009

MR. Raghunathan, Custom- Kindly Consider this aspect of LAW...if u can prove Custom of your Locality then Second marriage with consent of first wife is permissible in Law

Dinesh Advocate Mumbai (Self employed)     05 August 2009

 For this question there are two answer

for Muslims It is yes Legally they can have two wife 

For Hindu the answer is know 

How ever to best of my Knowledge There is one act which is waiting for President Nod 

which will give legal status to the second wife for Hindus 

Adinath@Avinash Patil (advocate)     06 August 2009

No, you can not  there is provision for which ground you can ask for consent from your first wife.you have to mention why your first wife is giving you consent for second marriage.simply plain consent of your first wife your second marriage is not become legale.

Adinath@Avinash Patil (advocate)     06 August 2009

No, you can not  there is provision for which ground you can ask for consent from your first wife.you have to mention why your first wife is giving you consent for second marriage.simply plain consent of your first wife your second marriage is not become legal.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register