Remarriage
helpmeplease
(Querist) 09 June 2012
This query is : Resolved
hello sir/maam,
i married in 2006. but living seperate from my husband since 2009. we have a child together and ours was a registered marriage. now i am living in with another man. and we want to marry. but since my husband is not ready for divorce, we are thinking of marrying in a temple (only for people arnd us to know) with only the prsence of few close relatives. i know it is illegal under ipc494, but if not registered will ipc 494 apply to me?
can we just make a living in agreement?
is my boy friend also breaking some law?
ajay sethi
(Expert) 09 June 2012
you ought to have filed for divorce if you are separated from your husband since 2009.
you cannot remarry till you get a divorce . even if you get married in temple in presence of close relatives it would still be a marriage .
dont make the mistake , your husband can file case against you if you have live in relation ship or get remarried . he will file criminal complaint aginst you for bigamy or adultery depending upon whether you remarry or have live in relation ship
R.K Nanda
(Expert) 09 June 2012
Fully agree with expert Ajay Sethi.
Devajyoti Barman
(Expert) 09 June 2012
Bot of you will be held equally guilty.
Non registration would be of no help.
J K Agrawal
(Expert) 10 June 2012
live in relationship does not constitute marriage and does not come in purview of Bigamy. However your friend may be booked for an offence of enticing a married woman.
But do not worry if you are to choose between breaking of Life or breaking of Law i will suggest that The Life is important and not the Law. The law cant make you live alone all the life.
If law is not prompt to solve your dispute with in a reasonable time, it has no right to punish you for its break.
Forget the law and enjoy the Life, it will not come again.
SAINATH DEVALLA
(Expert) 11 June 2012
Dear querist,
It is nothing but adultery.Any point of time you and your boy friend will land intoo troubles.Hence obtain divorce rom your husband and then plan your 2nd innings.You are also well aware of the contents of 494 ipc,but still I mention it below:
Section 494. Marrying again during lifetime of husband or wife.
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Shonee Kapoor
(Expert) 20 June 2012
You should first get divorced and then marry this person.
Otherwise also, this kind of relation would have no sanctity in law/ society.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
