Second illegal marriage
Kumar
(Querist) 28 October 2014
This query is : Resolved
Dear Experts,
I am a Hindu and have done 2 marriages. But with the consent of both the wifes.
Second wife was also aware that i have not divorced earlier wife.
But now due to temperamental issues, that second wife has blamed me on ipc 376/420/495.
Now if i have a written proof that i told her about my earlier wife and she did not show any problem with that, is that case will be accepted by the court.
How should i proceed?
ajay sethi
(Expert) 28 October 2014
your second marriage is illegal . during subsistence of earlier marriage you cant remarry without divorcing your first wife . contest case on merits
Sudhir Kumar, Advocate
(Expert) 28 October 2014
"Now if i have a written proof that i told her about my earlier wife and she did not show any problem "
Not relevant as far as criminal case is concerned.
Rajendra K Goyal
(Expert) 28 October 2014
Second marriage is illegal. Defend her allegations on merit. Engage the services of some senior lawyer dealing criminal cases.
V R SHROFF
(Expert) 29 October 2014
You never married your second woman;
She joined you with full knowledge of THE FACT "YOU WERE MARRIED"
IT AMOUNT TO LIVE IN RELATIONSHIP
As you never hide, and she had ample time and opportunities to find out the fact too,
You did not cheat her too.
AT THE MOST , SHE WILL SUCCESSFULLY CLAIM D.V. RELIEFS, LIKE RESIDENCE , MTN
Remember she is not your WIFE, nor you married her. Illegal marriage is no marriage in the eyes of Law.
Legally "no marriage, so Legally "no punishment" too.
Person is alive: How can he charge you for his Murder???
IT'S LAW.
NO CRIME..
SO FIGHT..
Sudhir Kumar, Advocate
(Expert) 29 October 2014
agreeing with Mr Shroff, I will add that it is you who hve to prove that she knew of a pre-existing subsisting marriage.
If you are not abel to prove so, the folowing factors will have you in for rape charge :-
(i) you knew your marriage is there.
(ii) you knew you cannot marry legally.
(iii) you entered in marriage related ceremony
(iv) you made her to believe to be your legally wedded wife.
(v) you know that she is not your legally wedded wife lived with her as husband.
Guest
(Expert) 29 October 2014
Without seeing the contents of application under ipc 376/420/495 of your second wife, no definite opinion can be formed on how you should proceed.
