Mridula 04 January 2016

Second marriage

Hi All,

Need your guidance I am 30 and i met a guy who is 34 who is married for 5 yrs and seperated for last 1year now since from the time of wedding they never had any phyiscal relationship and the guy was blamed for everything ,Now that he wanted to get divorce and get second marriage ,however she is not intretsed to give him divorce and wanted to take revenge .

My Question is 1) Their wedding is not registedred however they have photos and videos

2) Can he marry me without getting divorce

3) What if he applies for divorce now how long will it ake for him to get rid of all this (he is not taking steps becoz of the long process and i am trying to help him here)

4)Even if we approach if she doesnt come to court what will happen?

5) His first wife is stating that after divorce I will be alone so i cant leave u in peace so i will not give divorce,she was never intrsted in physical relation becoz of fear and started blaming the guy slowly,however he wanted kids

6)Can any one please support us with wll established lawyers in banaglore to take it further

Please guide us .

Thank u all

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 January 2016

Mam,

Second marraige will be punishable for him and not for you becasue its your first marraige.

Seeing her behaviour I would suggest not to go for it. Tell the boy to file the divorce on the ground of cruelty or may be because his wife is impotent and therefore never been physical with her, he can also file the annulment of marriage on the ground of non-consummation of marriage because of impotency.

Warm Regards

Kapil Chandna Advocate

9899011450

Laxmi Kant Joshi (Advocate ) 04 January 2016

Marring second without giving divorce to existing previous wife is a criminal offence and for that the man can be punished for bigamy u/s 494 ipc and jailed for that, hence i will suggest you to tell your boyfriend first to file divorce case and obtain the divorce decree from the court only then you will marry her,if you didn't do so your second marriage will also not a legally valid marriage.

Amit (NA) 04 January 2016

Second marriage, if proven, is an offence (man is punishable in your case) .

If you are willing to marry him w/o proof then you can go ahead with it. It has become not so uncommon these days. Also called, live-in relationship.

I believe you can also have an MoU with him regarding your marriage post his divorce. But regardless, secretly marry him, conceal the proofs and it's safe.

There are many good and professional advocates in Bangalore. You can refer to any one.

Samir N (General Queries) (Business) 04 January 2016

Be practical. Find some other guy, unless this guy is a real catch or you have some serious problem to find someone to marry. Why? It will get very complicated and its just not worth the trouble. And then there are practical issues: What if? What if this "marriage" or live-in relationship goes sour? You will not have any legal standing to get much relief. True it is the only situation where DV will help you. But, lady, your marriage will be null in the eyes of the law and your children will be illegitimate ones... and there will be a witch after you all the time (the ex-wife)... By the time this man gets done with his legal issues, at least five years will pass... with appeals, etc. Hope you get the point!!!

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