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second marriage with first wife consent

Page no : 3

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.

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.

Rajesh Kumar (Advocate)     08 August 2009

The issue needs to be exmained on various aspects.

Bigamy is an offence under IPC, and it remains an offence despite consent of your first wife. Off course, you cannot beprosecuted unless until a complaint is filed by the first wife. Thus as long as consent remains, yu wil not be prosecuted. Just that any day she decides to file complaint against you, anytime after marriage, she can file and her previous consent will not be a defence.

Under Hindu Marriage Act, such marriage is not a valid marriage, irrespective of your wife's consent. The effect of this provision is that the second wife will not get status of wife, in terms of property rights, maintenance rights, legitimacy of children etc.

There are other Acts also prohibiting bigamy- conduct rule of government servants. Thus if you are subject to those rules, desciplinary proceeding against you, under conduct rules can be initiated irrespective of consent of your wife.  

shiv shanker bala narayanan (advocate)     11 August 2009

tripati sir the judges proved that law is still not an ass andits a horse steadfast realising the reality thats what the law is made for not to remain wedded to rule book thats great information u have passed on can that decision and case number be given it ud be of great use

 

Manish Kalra (Advocate)     18 August 2009

i totally agree with the views expressed by mr. rajesh kumar.

aarti (manager)     05 August 2010

I am a divorcee and living with my family after divorcee since more than 1 year. I fell in love with one of my family friend in itself . He has one daughter studying std., and his wife is a doing some real estate business. He is a govt. employee. Very nice person and know fully my family background . Family friend for the past 8 years. Now he has declared in his house that he would like to marry me and give me a life in reality. some kind of conversation going on in our both families and we are planning to conduct this marriage in a temple and finally go for registration in a registrar office. Is it possible to register 2nd marriage of him (because already i am legally separated ; hence i donot find any problem in my side) . If his first wife accepts and should there be any formality for her to sign any document / in any registration form during our marriage.she is ready.she is not able to born a child again but i am. Will this second marriage with first wife's approval in writing can be treated as a legal one ? pl clarify as I am in a confused state with regard to legality.

Is 21 days before registration, we have to inform registrar office in writing by filling up the form ?

Pl guide me the legality of first wife's approval for the second marriage of husband.

Regards
priya

Arul Kumar (Legal Consultant & Professor at Law)     06 August 2010

Second marriage is void (invalid) when the first marriage is subsisting. Any kind of written approval by first wife is not valid and it cannot enforced at law. If still you get married with the person, such marriage cannot be legally registered. Better tel the person to get divorce from his first wife and then get married to him. Don't get into the legal problems.

All the best.


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