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Sameer12345 (SSE)     11 July 2011

Is second wife legally married wife?

First marriage last long for only 4 months. It wasnt registred but performed all the ceremonies of marriage. Divorce is done infront of lawyers only. We havent stepped to court.

Question 1 ) Is above marriage and divorce valid?

I married again ( we both were divorcee) , No feras ( saptpati or four feras) has been performed but marriage has been registered. A child has born too. 

Question 2) is second wife can be considered a legally wedded wife?

Please do reply. It will help me later on as second wife may claim maintanance in future or file false 498a or DV anything?



Learning

 17 Replies

M.Sheik Mohammed Ali (advocate)     11 July 2011

your divorce and second marriage is void, you must do legally in both, otherwise you will punished as legally

Shaulabh Shah (advocate)     11 July 2011

Hello...

Now a days goverment make complusary requirement of marriage but some one not registered then it is not say that the marriage is not done...

as far as your divorce is concern, in your community is it permissible? what caste you belong? it is depend on it....

Sameer12345 (SSE)     11 July 2011

thanks for all your reply sir.

 

Is it really depends on caste? I belongs to gujarat. 


(Guest)

For divorce the parties must reside with each other for a period of six months.

Your second marriage is VOID AB INITIO. You have married 2nd wife without giving  divorce to first wife.

Whether u have any child from Ist wife???????

 

Sameer12345 (SSE)     12 July 2011

No, I dont have child from 1st marriage. and my second wife also does not have child from her first marriage.

She has also divorced her first husband in 3-4 months....

Sameer12345 (SSE)     12 July 2011

And on more thing, My second wife also not divorced properly to her first husband. She has taken divorced in front of  lawyers only.

What are the advantages and disadvantage for me in case i try to declare second marriage null and void??

Dineshrai Dwivedi (Lawyer)     12 July 2011

@ Sameer

You must clear that you, your first and second wives belong to what community?

Sameer12345 (SSE)     12 July 2011

We both belongs to Gujarat and our caste is Hindu-Prajapati....

Ranjan Mukherjee (Senior Associate)     12 July 2011

To my mind, your second marriage is not valid since you were not  divorced from your first wife legally before entering into the second "relationship". In fact, there is no second wife at all since the marriage itself is not valid. You can however be prosecuted for the offence of bigamy, if your first wife chooses to file a complaint. the thing to do would be to formalise the divorce with your first wife.

Sameer12345 (SSE)     12 July 2011

 

My first wife is not going to file any case in near and long future. I am sure about it.

I am worried about the cases and benefits that my second woman can get....

I have child... I read somewhere if i prove that my second woman is not legally wedded wife to me and not legally divorced her first husband than she is not entitle to maintenance...

I may only need to give child support in future.... 

Let me come back to my main question.

What are the advantages and disadvantage for me in case i try to declare second marriage null and void??

Ranjan Mukherjee (Senior Associate)     12 July 2011

Going by what you have stated, the second marriage would appear to be invalid any which ways. therefore, you are right that , the second wife, not being legally wedded wife, may not be able to claim maintenance. the child, is however, another matter. the maintencance of the child is still your liability.

 

i would think that if there is no immediate requirement, let the sleeping dogs lie. Also see the provisions of the Domestic Violence Act

Sameer12345 (SSE)     12 July 2011

Thanks for your valuable response Ranjan Sir....

I am doing the same. I will let the second marriage run as long as it can. 

Now another point is that DV and 498a is applicable by a woman who is not legally wife?

I heard that 498a can only be applied by wife...

As far as DV is concern, what will she get by filing DV? can she send me behind the bar? can she claim maintanance on DV basis?

Vinod Malleli (Lawyer)     12 July 2011

you divorced the first wife then second wife is legally married wife.  otherwise you will punished by law

Sameer12345 (SSE)     12 July 2011

 

@Ranjan Sir... Thanks for your valuable response Ranjan Sir....

 

I am doing the same. I will let the second marriage run as long as it can. 

 

Now another point is that DV and 498a is applicable by a woman who is not legally wife?

I heard that 498a can only be applied by wife...

 

As far as DV is concern, what will she get by filing DV? can she send me behind the bar? can she claim maintanance on DV basis?


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