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Vishnu (Programmer)     21 February 2013

Doubt with christian second marriage

hi, My friend is married for last 2 years and he is having some issue with his wife. Now he get into a relation with another girl and he wish to marry her who is unmarried. Knowing the fact that my friend is married the girl is ready to marry him. Is there any legal support or validity that they could get from court/law before divorcing the old relationship. He is not having any children in the first marriage. Please let me know the legal support/issues that would come if they both decide to live together. Feel free to ask any clarifications, hope I have covered all points. Thank you.


Learning

 8 Replies

Sanjeev (Lawyer)     21 February 2013

there is no legal support a married man is chargeable for Bigamy if he marries another lady. Unless divorced no remarriage is legal

1 Like

Chetan Joshi (Advisory/Advocacy)     22 February 2013

He should divorce his wife to remarry...

 

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Shiv Singh Raghuwanshi (company secretary and personnel manager)     22 February 2013

 

 

Divorce is a must  before  second marraige is contracted . However, you may  remain in live-in relationship with your prospective second till you get divorce from your first wife. The case of  begamy can be avoided in this way and at the same time it will instigage your first wife for divorce early

stanley (Freedom)     22 February 2013

Agree with the Above . 


(Guest)

and make sure that guy doesnt have kids with the second lady otherwise he will be charged with adultry

Vishnu (Programmer)     22 February 2013

Sir, but is it possible for them to live together without registering and then apply for divorce from the first wife. Is that possible? What if the first wife move court when they started living together, could you please clarify these points too. Thank you.

Shiv Singh Raghuwanshi (company secretary and personnel manager)     23 February 2013

In the matter of  South Indian Film Actress  Ms Khusboo the SC observed that a man and woman living together without marriage cannot be construed as an offence.When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence, a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology. So living together  perhaps is possible. But you are supposed to maintain your existing wife too to evade any maintenance claim. Since you must have divorce  before  you marry your live-in-partner, let your wife file divorce petitoin  and you just  create circumstances that motivate your  wife to file divorce petition. If she files this petition, it will entail  lesser cost in term of time and money( alimony   and incidentals). You should avoide  initiating  divorce proceedings.

As regards your fer  that your wive may move to the court against you, as discussed above, she is free file divorce petition and this move on her part shall be convenient to you.  In case you fear filing adultery case on her part against you, you need not worry as live-in-relationship does not fall  within the category of adultery simple for the reasons that you live-in partner is not married.  The term adultery has been defined  in the Penal code under Section 497 as under: 

"Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall be punishable as an abettor."

  

 

However, before embarking upon the live-in-relationship ,  It is advisable to  seek legal  advice from the experts engaged in practising the profession in the field of  family and matrimonial disputes


 

 

 

 


Shiv Singh Raghuwanshi (company secretary and personnel manager)     23 February 2013

In the matter of  South Indian Film Actress  Ms Khusboo the SC observed that a man and woman living together without marriage cannot be construed as an offence.When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence, a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology. So living together  perhaps is possible. But you are supposed to maintain your existing wife too to evade any maintenance claim. Since you must have divorce  before  you marry your live-in-partner, let your wife file divorce petitoin  and you just  create circumstances that motivate your  wife to file divorce petition. If she files this petition, it will entail  lesser cost in term of time and money( alimony   and incidentals). You should avoide  initiating  divorce proceedings.

As regards your fer  that your wive may move to the court against you, as discussed above, she is free file divorce petition and this move on her part shall be convenient to you.  In case you fear filing adultery case on her part against you, you need not worry as live-in-relationship does not fall  within the category of adultery simple for the reasons that you live-in partner is not married.  The term adultery has been defined  in the Penal code under Section 497 as under: 

"Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall be punishable as an abettor."

  

However, before embarking upon the live-in-relationship ,  It is advisable to  seek legal  advice from the experts engaged in practising the profession in the field of  family and matrimonial disputes


 

 

 

 



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