Second Marraige Validity
Querist :
Anonymous
(Querist) 02 April 2010
This query is : Resolved
A delhi based man gets married first time and due to incompatability between the husband and wife, they get seperated by signing a deed of divorce and NOT Decree.
This man gets married again with another lady who was also a divorcee and had a decree.
This lady and her parents were shown the guy's "Deed of Divorce" from the first marriage.
They kept a copy of it and then agreed and got married as per Hindu rituals, the man had entered his status as "Divorced" in the form submitted along with the documents of Deed of Divorce from first marriage to the Trust which arranged for the marriage.
They got the marriage registered and there the man had ticked as Divorcee.
Due to oversight by the Marriage registrar,he did not ask for Decree of the man. The marriage got registered.
The girl stayed for 1 month in matrimonial home and then started showing her true colours by harrassing and finally going back to her parents and filed a case for cruelty and claimed as dependant and asked for heavy amount as Maintenance.
The girl prior to her marriage was working as she is well qualified Engineer and her current work details are difficult to be found.
It was then learned by the man that this lady did the same thing during her first marriage as that marriage lasted for just 1 month and tried to exploit and get easy money.
The man's intention were not to keep anyone in dark, and due to ignorance and lack of legal advice he did not get the decree from the first marriage.
The first wife has not raised any objections and may now be ready to get the decree legally.
My Question is:-
1. Is this second marriage valid?
2. Can the man file for Nullity or will have to get the decree from the second wife?
3. How does the man safeguard himself from charges of bigamy and how should he protect himself?
4. Does he have to pay maintenance even if the marriage is null & void?
5. Does he have to pay the maintenance even though the secodn wife is well educated and was working prior to her marriage and the same has been accepted by her?
Please provide your advice and also sight any Legal Family Court/ High Court Orders for the same.
Thanks.
Raj Kumar Makkad
(Expert) 02 April 2010
1. No.
2. Though second marriage is nullity even then as the husband has willfully performed second marriage so divorce is necessary.
3. Only innocence is the ground available with him but as you said first wife is not going to take any action against her divorcee husband so there is no fear from this side.
4. Unfortunately yes.
5. Yes.
Parveen Kr. Aggarwal
(Expert) 02 April 2010
When the first marriage is not lawfully dissolved, the second marriage is null and void by virtue of provision contained in section 11 of the Hindu Marriage Act, 1955. Divorce petition for dissolution of second marriage need not be filed and a petition under section 11 need to be filed.
He may be liable under sections 493 and 496 of the Indian Penal Code, 1860:
Section 493 of the Indian Penal Code, 1860:
"Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
Section 496 of the Indian Penal Code, 1860:
"Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Second wife is not entitled for maintenance.
"A man marrying a second time, during the lifetime of his wife, second wife though, having no knowledge of the first marriage, is not entitled to claim maintenance under section 125 of the Code of Criminal Procedure, as she was not legally wedded wife and for that the marriage was void.-Jamuna Bai v.Anant Rao 1988 Cr LJ 793.
Guest
(Expert) 03 April 2010
Mr. Praveen Kumar beautifully explained every thing. Thanks to him.
Ashok Yadav
(Expert) 03 April 2010
If that person is Hindu...
He cant remarry without obtaining decree of divorce from competent court, from his first wife.
There is no validity of Deed of Divorce in the eyes of law. First marriage is valid till date and second marriage is null & Void.
Answer as per your query:-
1. No its Void.
2. If the second marriage is alredy null & void why he should go for any type of decree.
3. If the first wife is not taking any instance, he is safe in case of bigamy.
4. As per recent findings of Supreme court a person will have to pay maintenance to the woman, with whome he is in live in relationship, it may apply on your case, but will have to prove the facts.
5. It depends upon circumstances of the matter.
