Which action need to take on my 2nd wife?
sundhar
(Querist) 30 August 2018
This query is : Resolved
I have married the arranged marriage with Lalitha in the year 2015 later we have separated due to the differences happened in between us and I have applied for the divorce in the July 2016. The divorce case status on stay condition because they transferred the case into their hometown. Recently, we sat in before my advocate to resolve the matter and I have committed to give a certain amount. Probably, in next 3 months October or November 2018, we both will file a mutual consent of divorce in court. Lalitha did not file any 498 or DV cases against to me and my family.
In the last year 2017, My colleague Ramya and I was fell in love and do the live in relationship from August and marriage was done in November 2017. Ramya also married her ex-husband in 2014 and later 3 months she filed a 498 case against him & family. In December 2017, she took back her case after took a certain amount from ex-husband and filed mutual consent divorce in December 2017. In the May 2018 they got the divorce.
What happens after my marriage?
She behaved well when we were in Live in relationship but after marriage, she started her sadism by both physically and mentally. After 3 months of my marriage, she was left from my home and went to her mother house when I am not in the house in the month of March 2018. My mother and I went to her house to convince and take back to my home but she behaved very ruled and used abusive language against to me and my mother. I have a video record that worst situation happened in my life. After 2 months means June 2018, I tried to call her but her number is not working.
In the meanwhile, she has changed her numbers and her mother number also. Ramya also restricting me not to allow in to their home by their house owner. Lalitha first wife knows about our Live in relationship matter but she didn't turn violently.
I am not able to give a reply properly to my friends and colleagues due to her worst behavior and she spoiled my reputation completely. Now, I want to take action against Ramya and her mother(main culprit). I have a pix which we took from live in relationship to marriage pix. Marriage pix and marriage video are an informal state. We have married in a temple but it was not gone in a traditional way. Ramya left my home nearly 5 months up to now.
Recently, I met Ramya ex-husband and he gave me information about her behavior. She has tortured him both physically and mentally which I faced the tortured from Ramya.
Now, request you to please suggest me how will I proceed legally against to Ramya and her mother?
Ramya did not file any cases against to me and my family up to now. My mother and I have suffered a lot by their actions of Ramya and her mother. So, request you to please advise on this.
Guest
(Expert) 30 August 2018
Illegal acts have no legal remedies. Marriage of both of you was illegal. So, you cannot proceed legally against your so called second wife, rather illegal wife.
However, once you initiate any legal proceeding due to any misunderstanding or wrong guidance by anyone, you will be touching the hornets nest and may invite bad luck for you in several forms to come.
Let your fate play its role at its own by forgetting the event. Solution should be sought only after any problem creeps in.
ashok kumar singh
(Expert) 30 August 2018
agree with views and opinion of experts, therefore no comments.
thanks
ashok kumar singh
advocate
P. Venu
(Expert) 31 August 2018
The second marriage has no existence in law. As such she is not your "second wife". You are liable for the offence bigamy if your "wife" (admittedly, divorce is not yet decreed) decides make a complaint against you.
Kumar Doab
(Expert) 31 August 2018
Which personal law applies in your case?
Are you all Hindu i.e. you, 1st lady (wife), 2nd lady?
Is there any custom in your community that allows 2nd marriage during subsitence of 1st marriage?
Confirm!
Kumar Doab
(Expert) 31 August 2018
You married during subsitence of 1st marriage on your own or you were guided to re-marry during subsitence of 1st marriage, by some PIP, Lawyer at some online portal or in person…?
If 1st lady is not acting violently as posted by you then if possible rethink and if you wish try to crease the diferneces and save the valid marriage. By some adjustments the patch up may succeed.
However you are closest to the facts and you alone alongwith elders of your family can decide on patch up.
If IT is not your choice and then since 1st lady is willing to end the wedlock on amicably and mutually settled terms, you have the option to go ahead.
The 2nd lady has faced marriage and divorce and cases and probably is aware of provisions of law and recourses open to her and may be having a Lawyer to guide.
Since the relationship has turned sour with 2nd lady, you may try to paych up so that 2nd lady does not file complaints against you.
Kumar Doab
(Expert) 31 August 2018
Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, mediators, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Family/civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedences, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..and advise you. You can decide the best option that is suitable to you.
There are such very able counsels at each location.
Check for such counsels at LOCAL Family/civil courts, HC, SC…