I

@ Author,

1. No doubt, your first divorce is not properly done in accordance of Family Laws. 

2. Again no doubt your second marriage due to first divorce not being in accordance with Law is thus liable for prosecution under civil as well as criminal laws. Second wife has no legal rights in case of maintenance - property – compensation etc. 

3. Actually what your FIL is saying is more or less right as per him but he is not realising that his daughter is divorcee (via court divorce) and no useful social purpose will get solved if a case of cheating - breach of trust or even divorce is filed in case both of you after love marriage still like to continue with your marriage. 

4. The remedy based on presented facts are as follows; 

(i) No person should be prosecuted further due to mistakes of h/er Advocate. In my opinion a laymen does not have knowledge of approaching sub-registrar office on his own to seek paper divorce. secondly at sub-registrar office the papers needs Gazetted Officer signature (attestation) and again a layman does not have resources or idea to approach directly a Gazetted officer on his own to seek Attestation. These two can only be brain (leg) work of some local advocate and not laymen like you is my view. Having opined so against backdrop of para 1 and para 2 if your FIL approaches you again or via Court files case of cheating - breach of trust and/or divorce then your defence is that, you being layman you have no idea of procedures of seeking divorce and intention to divorce first wife is clear and so were intentions clear at the time of second marriage when previous divorce though via sub - registrar disclosed to second wife hence no case of breach of trust or cheating as per strict proof under Criminal Laws made out. A Gazetted Officer should know law (this is commented because on what basis he attested parties papers?) Same way an Advocate ought to know Law and not you as layman .(this is commented because on what basis an Advocate suggested divorce via sub-registrar office when no such law of divorce exists till date).  

(ii) A parallel course correction can also be tried out by you meanwhile. For course correction (i.e. proving your clear intentions) and preparing yourself for possible cheating - breach of trust or divorce case from FIL - second wife, you may contact your first wife and taking her in confidence say the legal mess both you and she being first wife are and speak with man’s clear intention that same may happen with her too as now you understood legal procedures and both you and she (first wife) were mis-guided by an advocate then. Once clearly spoken these you request first wife to co-operate in seeking mutual consent divorce where proper court decree of divorce via mutual consent is announced in more or less 7-9 months where she has to appear in Court twice; once for giving first motion statement and second time to give second motion statement and her presence is not required in Court nor any notice is issued to her address if she fears that her husband - his family will get alarmed and her marriage will fall into some kind of trouble just like yours. 

(iii) Meanwhile there is yet another as in last parallel exercise you need to follow and that is via RTI Application seek true Certified copies of first Marriage Forms, first Divorce papers which was processed via sub-registrar office including Gazetted Officer Attestation papers in those divorce papers and these RTI reply are admissible as proof of your intentions under Indian Evidence Act showing your intention of second marriage was not to deceive - cheat anyone but you were duped by advice received from then Advocate who ought to know Marriage Laws and thus you are not at fault and no case of cheating - breach of trust stands – made out. 

(iv) So far as your FIL's threat are concerned I feel he is not understanding that his daughter is divorcee and while proceeding under cheating - breach of trust case he will be also motivated to seek divorce (annulment) too by his advisory circle that makes his daughter status of double divorcee tag and since he may be following few faulty advises what he may do next is that once divorce granted to his daughter only then she will be announced in marriage market for her third marriage which are all too traumatic an experience a lady may undergo just because proper legal guidance are not sought to diffuse such situations by her father. 

(v) Based on above sub-paras i, ii and iii and iv, I sum-up advicing you that first file a general diary entry with receiving stamped - signed application of wife leaving without your consent to her natal home at a local police station and secondly contact first wife and speak with her emotionally sharing what actual Family Law of divorce is all about which you came to know now and speak with her in minimum words and humbly request her to help you by making appearance in family court twice where to her husband - family / address will not be sent any court notice for mutual consent divorce and third, most importantly via RTI Application seek from sub-register office true certified copies of divorce papers of your first divorce. Meanwhile when you are acting upon these three remedies (course corrections) do not contact your FIL - second wife directly and wait for FIL to file cheating - breach of trust or even divorce case upon you and if FIL speaks with you over cellphone then record such conversation (they can be used against him later which I am not elaborating now) and donot reply to him much during such conversation, instead say give me time to think – arrange your 'demands'.   

Once you have above evidences which if followed correctly they collectively may take next 7-9 months at the max then approach your FIL and "demand" his daughter back to her shared matrimonial home. Here if FIL has not already lodged case(s) OR until he lodges case against you by that time you already have lots of defence materials handy as per following above sub-paras is my view. 

Hence, to me this brief is that of ignorance of law (I add here, it is not valid excuse but Court has also laid down law that a person cannot be prosecuted if he is ignorant of legal procedures and acted under advice of an Advocate) and this is your exact case to save you if in immediate future any case is filed against you by your FIL. 

Lastly keep quite till you gather sufficient defence materials as mentioned in above sub –paras and then come back to the forum stating what you achieved as material defense papers and seek next step guidance if above remedial advice are still not understood! 

[Last reply]  

Dear Friend,Not going very lengthy as above advise only I have to say is :- Ignorance of Law is not a good excuse, Your first marriage still continues in the eyes of the law and the divorce which you have taken by Registering your documents of Divorce with the Sub Registrar is not a Divorce Decree legally.

Your second wife do have right to sue you properly for the crime which you have done as it is a criminal act and your second marriage will be treated as null and void under Hindu marriage Act Sec 5 read with Sec 11 and 12.

You are requested to please get divorce from the first wife and then again marry the second wife to regularise your marriage.

I would simply say in the same circumstances but where such divorce was taken by the girl; the subsequent marriage has been anulled by the competent court and that decision is also upheld in the court of law.

Better keep quite or resolve such delicate situation by mutual discussions.

Though question of ignorance of law prevails, it is a by gone issue now, because the first wife too has married again with another person and living with him as his wife with children to them.  Therefore under the circumstances, the court may consider it as deemed divorce and grant divorce, a recent judgment in this regard by Bombay high court is a settled proposition of law. But under the circumstances prevailing in your place, since your in law rolled up their sleeves, it is better you go for a mutual compromise and get away from her  because your marriage with her is not legally valid, you may land up in more problems if they take proper legal action against you.

So in continuation to all of your valuable advice, I have applied for declaration of divorce under some IPC  with the help my known high court lawyer at family court at my local place. My previous wife is cooperating. It will take 2 months to get divorce certificate from court - decree. We also mentioned into court that my customary divorce is valid in our cast by panch. Produced certificate of the same in court. Also mentioned such case in the past given divorce decree by high court previously ( sited some example ). I have also produced divorce certificate by sub registrar office into the court. My first wife has gotten married and having kid now. She is on her track already.

   Once I get divorce certificate - decree from family court, I will claim my New wife back via court. Am I going right ?