divorce

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
greeting sir/man,

i anil singh. i want to ask a query that i loved with a girl and we did marriage in ARYA samaj temple.after marriage she was living in her father home because we were waiting for right time to tell all these things to our parents. but our parents were against to this marriage. they forced us to leave to each other. finally i filed a petition in High Court for appealing that my father in law not ready to send my wife with me. but girl had to say that i did not want to go with him under pressure of her parents. after 1 and half year i got marriage with other girl and i told about my past to her before marriage now we have completed one year but in complete year we lived only 3 month together. but today she do not want live with me and we want divorce. so now i want to know that can we take divorce by mutual consent or if they apply complain against me related to my pere. marriage then what can happen with me. and how can i free from all these things.

waiting for valuable reply
Thanks

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Ravikant Soni (Expert) 17 June 2011
If your Previous marriage still exist and not annulled by a decree of divorce then you second marriage is ab-initio null and void in eye of law.

Second---
Your second wife may proceed with the case of bigamy under section 495IPC.
Try to solve the matter out of the court. Take advice of local esteemed lawyer.

Kiran Kumar (Expert) 17 June 2011
well advised by Mr. Soni that try to settle the matter amicably.

let there be a divorce by way of mutual consent, while writing the agreement between the two ensure a clause that none of the parties would proceed against each other either under civil law or criminal law.

Querist : Anonymous (Querist) 17 June 2011
dear sir,
if my second wife not ready to give any agreement.

PALNITKAR V.V. (Expert) 17 June 2011
I would like to know what ceremonies were performed at the time of first marriage? You simply garlanded each other or what? If essential ceremonies were not performed and if you didnt stay together as husband and wife, there are chances that your first marriage be treated as no marriage in the eye of law. In that case you can go for divorce proceeding in relation to second wife.

Querist : Anonymous (Querist) 17 June 2011
dear sir,
The first marriage was only in ARYA Samaj temple as simply garlanded in presence of two friends. and documents were sign by both in the temple. but after marriage we did not lived together for a single day as husband and wife. and we also did not arrange any marriage ceremony.

thanks

Querist : Anonymous (Querist) 17 June 2011
Respected Palnitkar sir,
The first marriage was only in ARYA Samaj temple as simply garlanded in presence of two friends. and documents were sign by both in the temple. but after marriage we did not lived together for a single day as husband and wife. and we also did not arrange any marriage ceremony.
now please clear that how can i take divorce to second wife. is it possible or not
thanks

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