Vishnu (Programmer) 21 February 2013
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
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 .
Vishnu (Programmer) 22 February 2013
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."
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."