For 2nd marriage
denis
(Querist) 01 November 2020
This query is : Resolved
My brother wife is not staying with him last 4 years. He has one son. She is staying with her parents' own house. Now brother staying is single. He tried many times wife return to the home but she doesn't want to come with him. Now my brother wants to settle into marriage life and his wife neither diverse nor return. So he wants to do the second marriage. Without diverse he can do 2nd marriage .. Kindly advise
Isaac Gabriel
(Expert) 01 November 2020
Without dissolving the existing marriage, any attempt to marry again will be termed as bigamy.
kavksatyanarayana
(Expert) 01 November 2020
Yes. Without divorce, the 2nd marriage becomes under bigamy.
Advocate Bhartesh goyal
(Expert) 02 November 2020
No, during the subsistence of first marriage, your brother can't get married else he would be liable for punishment of bigamy.
SHIRISH PAWAR, 7738990900
(Expert) 02 November 2020
Hello,
Second marriage is bigamy which is a punishable offence having imprisonment of 7 years. Try to amicably settle the issue or offer a one-time settlement amount to brother's wife and get a divorce.
denis
(Querist) 02 November 2020
Sir, if he want get marry after diverse he has to give potagi . His wife has good government job . My brother has working in estate agency. Not much income . He has to give potagi for his wife
A. A. JOSE
(Expert) 02 November 2020
What is "Potagi" ? Please explain. Further, unless your brother don't want to be in jail, it would be better to initiate proper legal recourse against your wife either to return to her matrimonial home or for divorce in consultation with a local Lawyer please.
Guest
(Expert) 02 November 2020
Potagi --- means -- Maintenance.
Guest
(Expert) 02 November 2020
Agree and Well advised by all the Experts.
Dr J C Vashista
(Expert) 03 November 2020
Maintenance is the right of his wife, if she demands / claimed
Your brother should seek a decree of divorce before solemanisation of second marriage, if he is "not" professing Muslim religion.
Dr J C Vashista
(Expert) 03 November 2020
It would be better to contact and consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Rajendra K Goyal
(Expert) 04 November 2020
Maintenance has to be paid if claimed and ordered by court.
If he marry without divorce, he can be jailed for bigamy.
denis
(Querist) 12 November 2020
Thanks for the above reply.
Sir, But his wife neither give diverse nor ready to come. she has taken a house. & her parents staying with her. She has good government jobs. She is also a mental psychic. she doesn't want to stay with him. From the day get married from those days she told him she doesn't want to stay with him. When we asking her she is giving many excuses. She is cheated on by marriage. Due to this my brother disturb from his marriage life. & also lost his job
We would request you to give the best solution. so that he can restart his life newly.
Rajendra K Goyal
(Expert) 12 November 2020
It would be dangerous if he marry without divorce.
If file suit for divorce, court may award if satisfied.
