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balu   09 February 2016

Living with two wives

Dear Experts,

My name is balu, I live in Hyderabad. I got married first time in 2007 and due to some circumstances my first wife left me and never returned. I filed the divorce and she hasn't replied, so I got divorce as exparty.

In 2014 I got marriaed to another girl and we were togather for an year, now my first wife returned and asking me to rejoin with her as she was miss guided and show flase proofs about me by her parents.

Now I can't understand what to do, when I ask my second wife she replied to me saying that she is fine to live with her, but she don''t like to ignore her.

Can I live with wives or do I need file a case on my first wife. The problem is my first wife is making emotional black mail and she can't live without me.

Plesae suggest me whether a hindu can live with two wives?

Regards,

Venkat P



Learning

 26 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     09 February 2016

You can as long as neither of them approaches the court

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 February 2016

Please don’t stay with your first wife as she is not you wife anymore and hence she can’t anything wrong if you don’t marry her again. Please never marry her again.

 

Ideally, you can stay with both the girl unless you marry 2nd time without desolation of your 1st marriage however, it is not recommended at this stage.

 

Please stay with your 2nd wife who is a valid wife at this stage and stay happy.

 

Please see my profile for sample petitions and FAQs.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 February 2016

1) When ur devorced wife left about 9 years ago, now in the name of emotional blackmail, if u wish to live with divorced wife again, particularly when u have second married wife living, it tantamounts to biogamy, a criminal offence.

 

 

2) U are now leading a happy life with ur legally wedded second wife.  Even if the second wife accepts the first one illegally in the begining, but both continues to live with u, any one of the wives in due course if complains will land u in trouble may also be a plan of the first wife sometimes against u.

 

 

3) If u are mentally strong, no emotional blackmails can ever trap u again into viscious circles on which u should be extremely cautious and be not prey to such illegal actions.  Number of other problems like illegitimate children rights in the property etc. may crop up in future.

Samir N (General Queries) (Business)     10 February 2016

If you are a Muslim, your  attempt to co-reside with two wives is, I guess, acceptable. You probably need to consult a fellow Muslim. But... if you are not, then the thought that two women, in modern times, want to live with you as you wives sounds like fiction or a recipe for future legal troubles.  You may have fun in the short run (I can barely imagine what type...) but even if they do not run to Courts, managing their conflicts and other issues will be a nightmare. So, forget about the first wife. You are divorced... its over. Done.. Finished. Move on with the second wife... You need multiple women to satisfy you physically, have an affair... but two wives. Bhool jaa....

balu   10 February 2016

Dear Experts, Thank you very much for your valuble suugessions. it really helpful to me. Also I want to clarify few details and my doubts: Details:

1. I am not looking to live with two wives and I know it is very difficult to manage two ladies. Moreover it is out of my interest. Also mentally very strong person.

2. I am a hindu and very strong beleiver of my tradition, so I won't change my religion for temporary happiness or struggle.

Doubt:

1. If I reject my first wife what type troubles she cna create to me at this stage.

2. If she took any drastic decission either to her life (if it is on me not a problem) what will be impact on me and my deppendents.

Regards,

Venkat P

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Originally posted by : Dr Katta Venkata Rama Krishna
1) When ur devorced wife left about 9 years ago, now in the name of emotional blackmail, if u wish to live with divorced wife again, particularly when u have second married wife living, it tantamounts to biogamy, a criminal offence.

 

I beg to defer my view on the above statements of Dr Katta Venkata Rama Krishna.

If 2nd marriage is not lawfully solemnized during the validity of the existing marriage then it is not bigamy hence mere living with your 1st wife in not bigamy at all however, as explained by Mrs. Renuka Chaudhury and Dr Katta Venkata Rama Krishna, it is not recommended at this stage.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     10 February 2016

 

1) The querist sought --whether a Hindu can live with 'two wives' shows his intentions of solemnization of the first divorced unmarried Hindu female.

 

 

2) No Hindu unmarried female can ever be called 'wife' unless legally married.  By using word ‘wife’, it is deemed to have been enquired as to whether after having married second Hindu unmarried female when wife living becomes second wife is legal, who in the instant case incidentally happened to be her first divorced wife is opined to be bigamy by the experts.

 

 

3) Even if the first divorced Hindu female without marriage continues to live-in relationship with a married Hindu male tantamount to adultery, with or without the consent of spouse immaterial.

 

 

4) Having had already undergone the bitter ordeals of first marriage, the querist had still not learnt any lesson.  Instead of nipping in the bud by rejecting any such proposal at the first instance itself and never allowed to blossom any ray of hope in her mind notwithstanding whether she comes with clean hands or genuine or otherwise, rather gave scope for the lady to encourage such impracticable and illegal thoughts.

 

 

5) In regard to the latest enquiry, as to the apprehension of threats, not done all these past around 9 years, in the event of his refusal to do so; nothing can at his stage be opined based on ifs, but only on facts and developments prevailing in future at the relevant time, which the Attorney who already appeared earlier would be able to deal better.  To allay any fears, however, u may tactfully handle such fragile situation if arises at a later date with the guidance of ur advocate.

 

 

 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Originally posted by : Dr Katta Venkata Rama Krishna
 

1) The querist sought --whether a Hindu can live with 'two wives' shows his intentions of solemnization of the first divorced unmarried Hindu female.

 

 

2) No Hindu unmarried female can ever be called 'wife' unless legally married.  By using word ‘wife’, it is deemed to have been enquired as to whether after having married second Hindu unmarried female when wife living becomes second wife is legal, who in the instant case incidentally happened to be her first divorced wife is opined to be bigamy by the experts.

 

 

3) Even if the first divorced Hindu female without marriage continues to live-in relationship with a married Hindu male tantamount to adultery, with or without the consent of spouse immaterial.

 

 

4) Having had already undergone the bitter ordeals of first marriage, the querist had still not learnt any lesson.  Instead of nipping in the bud by rejecting any such proposal at the first instance itself and never allowed to blossom any ray of hope in her mind notwithstanding whether she comes with clean hands or genuine or otherwise, rather gave scope for the lady to encourage such impracticable and illegal thoughts.

 

 

5) In regard to the latest enquiry, as to the apprehension of threats, not done all these past around 9 years, in the event of his refusal to do so; nothing can at his stage be opined based on ifs, but only on facts and developments prevailing in future at the relevant time, which the Attorney who already appeared earlier would be able to deal better.  To allay any fears, however, u may tactfully handle such fragile situation if arises at a later date with the guidance of ur advocate.

 

I have a couple of concerns on the above statements,

 

a) Even if anybody use the term ‘wife’ by belief though there is not lawful solemnization then it is not bigamy.

 

b) The definition of ‘Adultery’ as mentioned on point no. 3 is a ground of divorce nothing else. It not at all punishable u/s 497 IPC or anyother IPC.

balu   10 February 2016

Dear Eperts,

Once again thanks for your opinions, I have used first and second wife words and other few other words is to make eair understanding of reader. So that they give good suggession.

I never told that the first lady not gave any trouble to me and also I never told that I have not learnt anything from previous experince. All I have asked what type of problems will come 'If I reject first Lady or is it possible to manage'.

As I have already went to court many times and I have already irritated with law and legal system, I want to avoid same hassel and live peacefully.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     10 February 2016

 

1) Sine the queriest asked for 'wife', the lawful solemnization is the basic ingradient for any Hindu unmarried female to be the wife.  The legal opinion accordingly given for bigamy only.   As already clarified, no Hindu unmarried female can ever be called 'wife' unless legally married.

 

 

2) The Indian penal code also recognizes adultery as a crime and a punishable offence. This law comes under the Criminal Law of India and has been placed under chapter XX that deals with crimes related to marriage. The laws as stated in the Indian penal code are:-

 

 

3) Section-497- Adultery “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 not be punishable as an abettor.”

 

 

4) It is evident from a plain reading of the Section that only a man can criminally be proceeded against and punished for adultery.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Originally posted by : Dr Katta Venkata Rama Krishna
 
2) The Indian penal code also recognizes adultery as a crime and a punishable offence. This law comes under the Criminal Law of India and has been placed under chapter XX that deals with crimes related to marriage. The laws as stated in the Indian penal code are:-
 

 

 

Chaper XX contains IPCs from 493 to 498 which is gender biased of our internationally famous judiciary. wink laughcheeky

 

However, Please tell me under which section the said adultery is punishable when there is no lawful marriage ???????

 

Section-497- Adultery “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 descriptttttion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.”

'wife of another man' - did you notice this? In this case, is the first girl is wife of another man? wink how a divorced lady can be wife of another man unless remarry ????!!! @#!?? no

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     11 February 2016

Concur with the expert opinion and practical advice of Dr (Mrs) Renuka.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 February 2016

Originally posted by : Mrs. Renuka Chaudhury,



Originally posted by : Rocky Smith






Originally posted by : Dr Katta Venkata Rama Krishna



1) When ur devorced wife left about 9 years ago, now in the name of emotional blackmail, if u wish to live with divorced wife again, particularly when u have second married wife living, it tantamounts to biogamy, a criminal offence.





 

I beg to defer my view on the above statements of Dr Katta Venkata Rama Krishna.

If 2nd marriage is not lawfully solemnized during the validity of the existing marriage then it is not bigamy hence mere living with your 1st wife in not bigamy at all however, as explained by Mrs. Renuka Chaudhury and Dr Katta Venkata Rama Krishna, it is not recommended at this stage.





Once divorced, 1st wife should not be called as wife at all.  She is just another woman.  Now as this person married second time, for number sake she will become second wife.

 

But as there is no legal relations with ex, cohabiting or living with her when this person has remarried will amount to bigamy only, read definition of bigamy, simply dont talk what you feel like talking.  Simply knowing two english words beg to defer does not give you right to comment on experts opinion.

People like you simply give bull sh*t adivce with half knowledge and make the people coming to this forum end  up in smoe more trouble.

 

Anyways the anwer to the questoin has already been given.

 

Its way too foolish to go ahead with such things, if she does comit suicide ot threaten to comit suside, then its her take, its better to stay away from such a woman who does not value any relationship.

 

Mrs. Renuka Chaudhury,

 

First of all please don't forget the rule of LCI: -

 

We are not here to quarrel with others. Personal attacks, sarcasm, abusive words, innuendoes and rude behaviour will not be taken lightly: The Lawyersclubindia Community is comprised of different types of people with diverse views. They have the right to feel at ease here, even though they may not always hold the same opinions as you do or believe in the same things. Be polite to everyone always.

 

 

- Hence your rude behavior in palpable english is not acceptable.

 

Also your augments are out of jurisprudence since the marital status of first girl (1st wife) is divorced here. no

 

 

Please study Indian law Chapter XX carefully.

 

 

'Bigamy' - strictly related if 2nd marriage lawfully solemnized during the existence of 1st.

 

 

'Adultery' - strictly related when girl is married (wife of another man as stated u/s 497 IPC).

 

 

Hence live-in-relationship with any unmarried, divorced or widowed girl is neither bigamy nor adultery irrespectively the marital status of a man.   smiley wink

 

I request you all to come up with valid law point to disagree my statements. Argument on mere imputation is out of jurisprudence.

 

Please also see the following link of other LCI experts in support of my statements: - 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=126460&offset=1#.VrwmadIrLIV

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 February 2016

Originally posted by : Dr Katta Venkata Rama Krishna
Concur with the expert opinion and practical advice of Dr (Mrs) Renuka.

 

Dr. Katta Venkata Rama Krishna,

 

You are concurring her since you have no lawful leading argument to defeat me.   wink cheeky no

 

Anyway, you are not a judge here. The quests / viewers are judges. ​


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