Divorce

as your first marriage was not fruitful but in the same stand you have not divorced but in the eyes of law he is staying with another women and settled with children no relation since 10 years and after 10 years again you got married but this is also not fruitful 

so its better to take mutual consent divorce in my view which will take nearly 8 months to complete the process but 

Dear Maam,

you can file a suit for declaration in family court, that you already are married to A ( your First Hubby) and now the defendent ( your Second Husband) is saying that you are his wife, so it may be declared that you r not the legally wedded wife of B.

court will issue notices to him, if he does not appear then the  court will pass exparte decree in your favor, that will resolve your problem.

regards

Amit Gupta ad.

www.advocateAG.com

Thanks Amit ji... but how can I say I was not married to B... he has temple certificate n few pics. ...or is it possible?  

is there any way thru affidavit or in police station I can give in writing tat we r not living together and hv separated. pls suggest and I m thankful to u for ur reply  

By virtue of the existence of the first marriage, the second marriage (despite the presence of temple ceertificate, photographs etc.) is null and void ab initio (means the marriage is not in existence from very beginning).  Strictly speaking, in the light of the facts, the court declaration is not required to the extent that the marriage is null and void.  But generally, as an abundant caution, if such parties approach us, we would advise them to approach the court to get such null and void declaration to avoid any future complications.

madam first you go to your query that 

1. he was already living with other women before marriage with you

2. thus he was already married to other women before marriage with you and had kids 

3. near what presumption from your query is that he was already married and had kids then he married to you but he had not stayed with you

4. so i thought that your second marriage is legal and you can go for mutual consent divorce 

5. here one point is clear that you have not stayed with your first husband nor you both have any physical relationship 

make this points clear 

Maheshji... I first got married in 2004..he had a affair so was not living with me..I was sent back to parents in 20days. He filed divorce petition but was dismissed by court. It was only in 2010 I came to know tat he has kid. But I dont know his whereabouts. 

Now I married 2nd time with the intention to settle down. Now this guy is abusive.  I WANT TO GIVE IN WRITTEN IN SOME FORM TO HIM TAT WE R SEPARATED.  I m aware this marriage s void. How long does it take in court to declare this marriage as void? or is there a way other than approaching court. pls reply

@lakshmi, sometimes your best action is inaction. In your case, inaction is the appropriate remedy. Your second "marriage" is void to begin with as pointed above by others. Therefore, you need not do anything about it because it simply was not a marriage. Marriage certificates, photos, etc. in the second "marriage" are meaningless and have no evidentiary value in the eyes of the law. If you have an abusive new mate (he is not your husband), then leave him and thats it. If he owes you any money or whatever, you can file appropriate legal proceedings against him. If you want maintenance from him (your second man), you can get the same under DV Act. This is one of the very few exception where DV Act is useful for women because merely having resided with him in the nature of marriage, it qualifies you for maintenance. 

Now had I been your second and faced with legal proceedings initiated by you, I would claim that you cheated me by not informing me of your first marriage.  That you committed bigamy. That this information led to my depression and then alcoholism. 

if he initiated divorce proceeding against you, simply file an application to dismiss the petition claiming that you were never married in the first place and that any such assertions are negated in the eyes of the law as your first marriage remains live albeit inactive.

So, based upon the limited information given by you, your best bet is to just forget about your second "marriage" and indeed if you want to go in for a third one, then first get a proper divorce from the first one irrespective of what legal fights you get involved with the second man.

Thanks Samir ji..thx for ur time.  I m not expecting any money or maintenance from him. Frankly speaking I m fed up of my life.  This second marriage I did after telling him complete details abt first marriage.  Infact the marriage expense was bore by me including the mangslsutra. I just want to get out of this. He s imprudent n violent. He stoops down to any level. He calls my female colleagues in drunken state at night. HE WANT S IN WRITTEN TAT WE R SEPARATED AND HE CAN REMARRY AND THAT I HV NO RIGHTS IN HIS PARENTS PROPERTY.  HOW DO I PROCEED.?    

If he demands to write it on the paper - "WE R SEPARATED AND YOU CAN REMARRY AND THAT I HAVE NO RIGHTS IN YOUR PARENTS PROPERTY".

You can safely do that, because, your second marriage is null and void and as per law you do not have any right on his parental property and you do not want any maintenance (that may be available under DV Act) from him, SO NO HARM WILL BE CAUSED TO YOU, and on the other hand you can breath a sigh of relief.  If it is possible, only if it is possible, you do one thing - you write it on two papers and put your signature and get his signature along with date and full address on both these papers.  These will become originals and one original you keep with you and give one original to him.  If it is possible get the signatures of two witnesses (known to you) also at the time, you both are signing the papers.  This original copy you keep with you also give you the same rights which he would accrue on the basis of this letter.  If in future, you want to marry any person, at least from this person, you cannot face any offence of bigamy on the basis of temple marriage certificates and photographs (even though as per strict law he is not entitled to file any bigamy case against you as this marriage is void).  Try to get his signature also, if possible.  Otherwise, go ahead and get rid of this headache.  Warm regards.

to some extent i agree with above 

giving on white paper does not have any legal binding on that and if you want to remarry again then again that will be a void marriage as you have not taken divorce from first marriage 

lakshmi ji you have answered that your first husband had filed divorce but it was dismissed why it was dismissed 

alright as advised above you separate from your present husband in white paper and if you have the dismissed divorce papers then meet a local lawyer of your place and take his suggestion how to proceed for divorce, and then you may get ex parte order after that you can marry again with careful search

Imp= if the divorce petition when you file of previous also if you get your first husband whereabouts let him come and say that he also want divorce from you so that the process will be fast and easy as both parties are agreeing for the same  

If all he wants is precisely what you have stated:

"HE WANT S IN WRITTEN TAT WE R SEPARATED AND HE CAN REMARRY AND THAT I HV NO RIGHTS IN HIS PARENTS PROPERTY.  HOW DO I PROCEED.? , then go ahead, as advised above, and do what he wants here so long as it is limited to the above statement.  You have nothing to lose and are not even compromising on any other rights, should you change your mind on maintenance in the future. In any event, you will not have any rights in his parents property, even if you do not sign anything. You cannot stop him from remarrying anyway. So, this paper or document that he wants is worthless, anyway, from a legal perspective.  However, I would caution you on one point. I would suggest that you add that both parties acknowledge that the parties were never married to each other in the first place.  Why? Because there is a subtle admission by you in what he wants that indeed you had some kind of matrimonial relationship with him in the past.  My advise is out of abundance of caution. The insertion of this statement should not impact him if he has no ulterior motives in seeking this written document.

Well, after going through all the posts in this thread to that of the querist and the replies thereto by my learned friends and experts, I fully endorse the views, opinions and suggestions made by friend Mr. Samir.  His advises seems to be very class and most suitable.   In his first reply he very properly suggested to remain in active and not to respond to the second person's moves and to stay away from him which will solve the issues automatically or to file a declaratory suit in the family court to declare the alleged marriage as void.  The second reply post by Mr. Samir marked in red color cautioning the querist is a perfect need of the hour. I think the querist is convinced and enlightened properly with the different replies of similar nature and some being most practical.  I have nothing more to add after seeing the replies by experts above.