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madhavi   29 August 2015

Permission for second marriage

hi sir

is there any way out tha i can agree to my husbands remarriage...i dont have any objections ...i dont want to give divorce either...he wants his second marriage to be legalised ,,,how can i help him out...we dont have any financial issues as well...im not ready for leagal divorce a i got eighteen year old daughters ....pls help me out 

 



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 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     29 August 2015

 Bigamy is offence punishable under the Penal Code in India, now whether this is done with or without the permission of the first wife or not hardly matters. 
Although under the Criminal Procedure Code the First wife is the person who can be the Complainant (or has to be associated if any other relative of her is making the complaint) for filling the complaint against the bigamous husband under Section 494,495 Indian Penal Code. 
This was briefly as far the criminality was concerned, however as far the civil issue is concerned with regard to the validity of the second marriage  during the lifetime of the first wife, the second marriage will be void & the second wife shall not be availing the legal privileges which the first wife shall usually be getting. 
After knowing briefly about the legal position if the husband marries another woman during the lifetime of the first wife then it is entirely up to all the three persons involved in this relationship.

 

saravanan s (legal advisor)     29 August 2015

the second marriage that is done by the husband while the earlier marriage is still prevailing can never be legalised and is considered to be void.the second wife is illegal but the issues arising out of the marriage are legitimate.

you might not file a bigamy case on your husband if he contracts a second marriage but your children,parents or siblings might file case on your husband

SAINATH DEVALLA (LEGAL CONSULTANT)     30 August 2015

Today out of frustration U may agree for Ur husband's second marriage but a day will come in future,when U may have to repent for UR support.Its common.Hence keeping in mind the family and the legalities that U have to encounter tomorrow proceed.

prabhakar advocate (advocate)     30 August 2015

Wife's consent is not enough to do such dirty act.  If wife's father, mother, uncles, sons or daughters, anyone aggrieves such an act of person, can file a complaint in the court  and if it is proved, he can be asked to spend time in jail upto seven years with or without fine. 

SAINATH DEVALLA (LEGAL CONSULTANT)     30 August 2015

Today U posted a new query conversion to muslim,where in U are projected as the wife, Are U really the victim of trying to gain academic knowledge.

madhavi   31 August 2015

Dear Sir,

I am highly obliged with your replies. Yes, I am the scapegoat in the entire case. My husband's mentality is little different and he follows Ramuism (Ram Gopal Varma-Filmi Director). He thinks that in this materialistic world only his happiness is important. He married me 27 yrs ago and after my pregnancy, he fell in love with a Nurse who is very much obedient and submissive to him and initially knowingly I accepted their relationship. After she left, again for the second time, he fell in love with another nurse by the same reason of being submissive.

He made me just the manager of his house and children. I was made alone throughout the years. I have even lost my golden career because of him. Now after facing all these hurdles, he again wanted to invite a fourth woman for marraige by giving me divorce. He was pressurizing me day and night for it. He says he will sack everything for this divorce and he promises to take care of childrens studies. He wants me to keep N number of clauses if I want. He assures me that he will fulfil everything. He was die hard about the new instance( New Partner) in life.

Now, what should I do? I cant reveal this to anyone( family as well as society) becoz of prestige issue. I cant make my kids suffer. They both joined MBBS recently. How to change his adamancy and stop this divorce threat? For a moment, If I think about his happiness, I wanted to give him divorce and keep a solely clause to keep it a secret forever.

I cant keep complaint on him anytime again for the fear of society either way. what are the possible solutions for me to escape this threat without hurting each other? What do I lose if I go offensive against him? What do I lose if I give him a mutual for his own happiness? 

prabhakar advocate (advocate)     31 August 2015

 I advise you not to give divorce and ask him to contest the case. It is very difficulty for him to get divorce.  In the meantime, You and your two children file maintenance case under Section 125 cr.p.c.   If you want to get rid of this problem forever and live the remaining life peacefully persuing your own hobby and interest, then accept lumpsum amount for the maintenance of  your remaining life and also educational and marriage expenses of your children.  The decision has to be taken finally by you.

Prabhakar (Advocate)

(M)9958670740

SAINATH DEVALLA (LEGAL CONSULTANT)     01 September 2015

Don't fall into his trap,he is taking advantage of UR innocense. If U yeild to his fancies U R the sufferrer.As long as U R stubborn he will never get divorce.

Mukesh sharma (job )     08 October 2015

hi  i agree with both of you your suggestion is very good  i think first chance give by wife when he give him  permission to go and livewith another woman in indian law no man not live with another women without divourse or death of one 

if soe mone do this wife file case against him and also demand for divourse and also mantainse fund per month from his husband 

in this case wifee give husband many chance to live with another person and her husband fool her wife every time this time again he fool his wife and get one more chance to live with another woman 

this time you take serious its bad effect on your children so you file case againsty your husband 

and also  not waste your time to support your husband take part of some good activity and some other thing 

 


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