Husband got remarried without getting divorse

Hi All,

First of all we need answers to the following questions

1. Is he (husband) eligible for second marriage with out having divorce to first wife?

>>The answer is YES if he is a MUSLIM, and NO if he is HINDU or any other community.

2. Is she (the first wife)  eligiblie to file ADULTERY Case against her husband?

>>>The answer is NO iff they belongs to MUSLIM community and yes if they belongs to other community.

If they belongs to other community and if husband claims that she has living relation with her? will it come under adultery or if he says she is his girl friend but not married (even though he got married) ?

I completely agree wid Shroff advice. No sensible person: especially when he remained with a lawyer; will leave any trail of his 2nd marriage. If the 2nd woman in his life is a widow/divorcee/unmarried one, nothing practically can be done if the couple is living in harmoney.

Many a matrimonial suffrers are now taking this path as they know -- ASKING DIVORCE FROM A CRUEL WIFE WILL NOT LEAD HIM ANYWHERE EXCEPT FOR 498A/DV SH*T. COURTS WILL ALMOST NEVER GRANT A CONTESTED DIVORCE FOR YEARS TOGATHER.

So they are forced to take this short but illegal route...........but there is no way out. COURTS NEVER DECLARE A DEAD MARRIAGE AS DEAD!

Meanwhile, I continue with query. If 1st wife bribes the police & lodges a complaint & she provides the address to where boy is living wid new girl, what cops can do at the most (new girl is not a party to complaint, she is cooperating wid the guy)

abs agree to rajiv ji even got to knw more..

If the husband or his second wife is a Government Servant, inform the respective employer. He or she will immediately lose the job. It will be for them to prove that either of them was not married.

wow thts something even more grt ..gud to knw..frm ramani sir

but its to find out wheather this may work or not..and what does it result into in the end..

Mr. Ramani - The case u.s 494 is non- cognizable and bailable (Exvept in the state of  Andhra Pradesh where it is Cognizable, non-bailabe very much like 498A)...A complaint cannot be made in the police station..it has to be made in the magistrate's court..

Once the case is there...the respondent has to reply and the case goes on...the court will take cognizance  only when it is prima facie that the person has remarried...the person cannot be sacked by any Government Company till the time the magistrate takes cognizance..

Mr. Rajiv - As I mentioned section 494 is Non-cognizable and bailable...police cannot do anything..they cannot arrest you at all at any cost..without the order of the magistrate..

If the wife..bribes the polce..she looses her money..nothing can be done...Even if all the details are provided..a marriage cannot be proved wihout photographs or registration certificate or witnesses (old Preist..he will very soon die..dont worry..always choose an old preist or go to a temple where at least 1000 marriages happen in a day)

Even if the pathetic wife, find her husband in bed with another woman, she cannot even file adultry, because adultry can be filed ONLY IF YOU ARE PROVED SLEEPING WITH ANOTHER MARRIED WOMAN...NOT AN UNMARRIED WOMAN...

In case the husband who is sleeping with a married woman, without the knowledge that she is married...cannot be charged with section 497 IPC

section 497 is read as follows:

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.

Gautam

If the new female she is sleeping with gives her statment that she never told him that she is married...the judge cannot convict him..

"whom he knows or has reason to believe to be the wife of another man"

Also..if the wife is very very very very cruel...she can put her husband in trouble that he forced me to sleep with this guy..then also nothing can happen to this guy..since

"without the consent or connivance of that man"

or if she is very very very very very very very very very very cruel..she can say that "THIS GUY HAS ATTEMPTED RAPE OR HAS RAPED ME...MU HUSBAND IS VERY INNOCENT..."

"such s*xual intercourse not amounting to the offence of rape"

India is a place to enjoy for the females..the men can go no-where..

i dont know why to they say...women are always supressed...

GOD HELP THIS NATION...

Gautam

"If the husband or his second wife is a Government Servant, inform the respective employer. He or she will immediately lose the job. It will be for them to prove that either of them was not married.

wow thts something even more grt ..gud to knw..frm ramani sir

but its to find out wheather this may work or not..and what does it result into in the end.."

Ans: by Adv. Shroff

Imagine:

If Mr. X complaint Police , Mr Y murdered  me [Mr. X] , Pl arrest him . Will Police arrest Y on statement of Mr. X? 

If Wife says My husband H remarried with Mrs Z, Pl arrest him . Will Police arrest  Mr. H?

Any Marriage with a already married man is illegal, as it do not fulfil the definition of "Marriage" So there is no marriage in the eyes of Law. 

When he never marries legally, when there is no legal marriage in the eyes of Law, How can there be Legal Punishment in the eyes of Law???

When the man is still alive, there is no Murder in the eyes of Law, How can there be Punishment? How the Police will arrest, when no offence is committed [ Even if all ceremonies of marriage are performed, all Photographs are taken, all 500  Witnesses, with all wedding card and , video shootings everything  to prove it was complete process of Marriage, as prescribed under the Law] 

It is like marrying your sister or a cow!! or a piece of wood, or a prohibited relationship persons or a statue of man. He is not eligible. 

I am discussing, and I am trying to explain and interpret, Definition of “Marriage”, and refer Sec 5 & 7 in CHAPTER II of Hind Marriages,  under THE HINDU MARRIAGE ACT, 1955. 

How will you define Remarriage of a married man?   

Until Indian Parliament Amend it, Change their Laws of Marriage and Divorce, No court of Law in India can punish any offence of remarriage,  as remarriage does not exist in the eyes of Law.  

Again I say, this is Imaination, If anyone wake me up, and prove, Shroff you are dreaming, this is only your imagination, X. Pleasre any of you reader prove me wrong. Ans: by Adv Shroff

Imagine:  If Mr. X complaint Police , Mr Y murdered  me [Mr. X] , Pl arrest him . Will Police arrest Y on statement of Mr. X? 

If Wife says My husband H remarried with Mrs Z, Pl arrest him . Will Police arrest  Mr. H?

Any Marriage with a already married man is illegal, as it do not fulfil the definition of "Marriage" So there is no marriage in the eyes of Law. 

When he never marries legally, when there is no marriage in the eyes of Law, How can there be Punishment in the eyes of Law???

When the man is still alive, there is no Murder in the eyes of Law, How can there be Punishment? How the Police will arrest, when no offence is committed [ Even if all ceremonies are performed, all Photographs are taken, all 500  Witnesses, with all wedding card and , video shootings everything  to prove it was complete process of Marriage, as prescribed under the Law] 

It is like marrying your sister or a cow!! or a piece of wood, or a prohibited relationship persons or a statue of man. He is not eligible. 

I am discussing, and I am trying to explain and interpret, Definition of “Marriage”, and refer Sec 5 & 7 in CHAPTER II of Hind Marriages,  as per THE HINDU MARRIAGE ACT, 1955. 

How will you define Remarriage of a married man?   

Until Indian Parliament Amend it, Change their Laws of Marriage and Divorce, No court of Law in India can punish, as remarriage of a married person does not exist in the eyes of Law.    

Again, this is  my Imaginatiomn.If anyone of you readers and Experts tell me Shroff, you are in dream, you are only imagining things, and Bring out the fact of remarriage and his or her punishment,  Please correct me, I am very ready and willing to accept my mistake and correct myself. If anything like remarriage of married husband or wife exists, Please wake me up. 

@ shroff sir..

As far as i knw lil A n Bs of law lil kya kuch pata hi nahi hai actually....and understood so far from all forums and stufff..i shed some of my adha adhura gyan on this..

Suppose a person has married as per hindu laws

what punishment can be done if there is dispute with second wife and husband says in court that he is already married with another wife long ago, so please  dismiss the 498a, reject maintenance demand in DV case considering second marriage void.

Since you plead guilty for marrying for the second marriage..you will be booked u.s 494 of IPC...Your second marriage will be void..and 498a and maintenance  filed by "so called" 2nd wife may be quashed..but you cannot escape DV from your second wife...

You may also face DV case from your first wife (Legally wedded)...

If the so called second wife is legally married..you can be booked for adultry..as well...if someone complaints..

Gautam

Both wifes are legally wedded. But first wife wasn't devorced legally but just by notary paper by mutual concent.

But I think it is better to not try nullify second marriage to escape 498a,dv, ... etc of 2nd wife.

The second wife knows about husband's 1st marriage but doesn't have any proof. Still the b*tch may raise that fact in court about husband's first marriage to lower his reputation and create doubt on him in megistrate's mind. I think if 2nd wife doesn't have any proof than husband should not accept such statement.
 

Both wifes are legally wedded. But first wife wasn't devorced legally but just by notary paper by mutual concent.

Both cannot be legally wedded.  If the first wife is not legally divorced, then the second marriage is void.

Experts may say whether the just by notary paper signing..mutual consent divorce can happen...

But I think it is better to not try nullify second marriage to escape 498a,dv, ... etc of 2nd wife.

You cannot nullify second marriage..you have to see what law says..if the first marriage still exists, the second marriage is void from the first day.....

The second wife knows about husband's 1st marriage but doesn't have any proof. Still the b*tch may raise that fact in court about husband's first marriage to lower his reputation and create doubt on him in megistrate's mind.

She may know, but you must have told her that you have legally divorced her...without knowing whether the marriage still exists as per law..These questions will come up and she will raise this issue..if found that your first marriage still exists as per law..then it might be a problem for you...

what stand should husband take in case when,

1st marriage was legal( solemonized as per religious ritual) and divorce was by mutual consent on notary paper.

2nd marriage is also solemonized (so legal but may not be legal due to just notary paper). Her lawyer raises concerns in court to lower husband's reputation and create doubts on him. She isn't sure how huband divorced 1st wife.

@ Gautam,

For Mutual Consent Divorce, Both must have to move to court.

Getting Divorce by just signing stamp papar and notarized the same has no legal value in the eyes of law. People do so to get rid of each other as early as possible. Such divorce has no legal value UNLESS AND UNTIL THERE IS CUSTOM ALLOW TO DO SO. Believe me, It is hard to proove custom.

Further More, Formal Declaration from court is required to nullify marriage from court to avoid problems.

@ Dhaval,

If second wife have disolved her first marriage thru Notary, than her marriage with current husband is null and void. Challange the Divorce Deed (Notarized Document). 

498a is not application in Null and Void case.

Be careful, DV is applicable by 2nd wife on her 2nd husband.