Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
I am married person with two female child's but from almost 6 to 8 months my wife is not leaving with me because of some family dispute's. she allow me for the second marriage orally, but she is not ready to give me divorce. so, in such scnerio is my second marriage will be legal ?
Ganesh Chavan
(Expert) 10 September 2011
Please clear your question please tell me your religion because in Hindu religion it it not presumed to be legal.
Arvind Singh Chauhan
(Expert) 10 September 2011
No! without divorce, second marriage is illegal.
adv. rajeev ( rajoo )
(Expert) 10 September 2011
If you are a Hindu, second marriage is illegal when first wife is alive. If she is agreed orally for second marriage then also it is invalid. It amounts to bigamy. You may put into trouble.
ajay sethi
(Expert) 10 September 2011
i agree with experts that your second marriage would be illegal if you are hindu
Advocate. Arunagiri
(Expert) 10 September 2011
If your wife gives a complaint on your second marriage, you will be booked for bigamy.
Advocate Bhartesh goyal
(Expert) 10 September 2011
No,withought getting decree of divorce second marriage will be illegal and you will be charged for offence of bigamy.
Shastri J.K.
(Expert) 10 September 2011
I agree with arvind
Dineshwar Singh Kaushik
(Expert) 10 September 2011
Yes it is correct that without getting divorce decree from Court the second marriage is illegal & if you will dare to go against Law & if your wife will approach to Court than you will have to face charges for offence of bigamy.
K.S.Srinivas
(Expert) 10 September 2011
I agree with all the experts.
Guest
(Expert) 10 September 2011
I also agree with the advice of experts.
prabhakar singh
(Expert) 10 September 2011
Not only your second marriage shall be illegal but you shall be charged with an offence of bigamy as law prohibits Hindus to marry a second lady within life time of his first wife unless a decree of divorced passed by competent court. So consent of first wife oral/or even written can not validate your second marriage.
In case you are a Muslim you can have not only two but even four at a time without committing any offence.
However the style in which question has been put before us I am sure you are a HINDU.
Arif Iqbal
(Expert) 11 September 2011
I agree with the experts, esp Mr Prabhakar who is very much specific. In case u are a Muslim you can customarily marry a second wife. But u are forbidden to marry under Special marriage Act.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup