Is 2nd marriage legal if first marriage is under special marriage act
B Pradhan Singha
(Querist) 16 April 2012
This query is : Resolved
DEAR ALL,
FOLLOWING ARE THE STORY OF MY WON. I AM A HINDU BOY GOT MARRIED WITH A MUSLIM GIRL ON 27/03/2012 UNDER SPECIAL MARRIAGE ACT. BUT AS SHE MARRY ME WITHOUT HER PARENTS CONCENT, HER FAMILY FORCED ME TO RETURN HER BECK. UNDER GUN POINT I WAS FORCED TO LOOSE MY POSITION ON HER. WE BOTH ARE 28 YEARS OLD. AFTER GETING HER WITH THEM, HER FAMILY ARRANGE A MARRIAGE WITH A MUSLIM BOY ON 01/04/2012. NOW LET ME KNOW HOW CAN I GET HER POSITION. PRESENTLY SHE IS FORCED TO STAY WITH HER 2ND HUSBAND. I HAVE MADE NO FIR/GD AGAINST THEM BCOZ I WAS FEAR ABOUT THEIR THREAT. IS HER 2ND MARRIAGE IS LEGAL? WHAT SHE CAN DO TO GET RELEASE HERSELF FROM THE CUSTODY OF THE 2ND HUSBAND. CAN SHE SUIT A CASE OF RAPE/KIDNAPE AGAINST HER 2ND HUSBAND?
Devajyoti Barman
(Expert) 16 April 2012
The second marriage has no sanction of law.
You can file a case u/s 397 IPC.
File a suit for restitution of conjugal rights.
Raj Kumar Makkad
(Expert) 16 April 2012
It is you heavy mistake that you bow to the pressure of your in=laws otherwise it would have a great opportunity for you to have your wife with you.
Anyway, the initiative shall have to be taken by you this time also as your wife is under the clutches of her 'second husband' though that marriage is illegal.
If you file police case under section 97 Criminal Procedure Code before SDM of your area then the possibilities of your married life can remain alive otherwise as generally seen, muslim society does not allow other religion male to intervene in the lives of their girls.
Shonee Kapoor
(Expert) 16 April 2012
The second marriage is not valid. You could have filed for habeas corpus as well as asked for police protection.
Now what do you want out of this relationship?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 16 April 2012
Second marriage is not valid during the lifetime of her husband without the decree of divorce or the marriage annuled, void declared by the court of law. You may file a case on your in-laws. Let us file a writ petiton of habeus corpus in highcourt. You may file restitution of conjugal right in respective court.
ajay sethi
(Expert) 16 April 2012
second marriage is not valid . she oughtto have diovrced you before marrying again.
however now that she has marriedsome one else do you want her back? take diovrce and move on in life
Sudhir Kumar, Advocate
(Expert) 16 April 2012
I agree with experts that 2nd marriage is void. You can file criminal case of adultery against that man.
He can even be accused of rape if you can prove that your wife has falsely been made to believe the 2nd marriage being valid.
He can get away from these allegations by proving that he did not know about her marriage with you.
If she wants to get out all she has to do is to ring up 100. Police will come. Even if she leaves no message they will trace the address of call and come.
If you want to regain custody of your wife you have to approach the local Thana and seek their support.
PAR LAGTA NAHIN KI AAP DONO KE BAS A KUCH HAI
M/s. Y-not legal services
(Expert) 16 April 2012
i have two questions for you..
1] is that muslim boy know about her first marriage? if he know mean he should be get shame on him..
2] is she worrying for miss you? if yes mean she should be get shame on her., just she may be happy for dropped you..
as a girl she have brave to marry you against her family.. but you dont have that same brave to save her..
rest of things you have to decide that what have to do..
-tom-
Sudhir Kumar, Advocate
(Expert) 06 September 2012
Full sympathy for you. You have opened so many threads on the same issue :-
http://www.lawyersclubindia.com/experts/366-497-376-336576.asp
http://www.lawyersclubindia.com/experts/police-protection-336526.asp
http://www.lawyersclubindia.com/experts/164-CRpc-335121.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-335061.asp
http://www.lawyersclubindia.com/experts/URGENT-366-365-497-506-IPC-325251.asp
http://www.lawyersclubindia.com/experts/164-CRpc-322991.asp
http://www.lawyersclubindia.com/experts/RTI-Act-321936.asp
http://www.lawyersclubindia.com/experts/156-3-366-365-506-497-493-IPC-321916.asp
http://www.lawyersclubindia.com/experts/is-2nd-marriage-legal-if-first-marriage-is-under-special-marriage-act-296866.asp
You are advised to put all queries on one thread instead of getting confused.
Facts shown in these threads indicate the you are on good legal footing.
V R SHROFF
(Expert) 08 September 2012
second marriage is void +invite criminal action
Guest
(Expert) 08 September 2012
Second marriage without divorce or death of the first wife is illegal. If you are afraid of threat or risk of life, better file a case for divorce by adopting a procedure laid down in the Special Marriages Act, so that you can also marry again after your divorce with her.
