Rohini 16 May 2016

Second marriage

Sir my brother done a second marriage without given divorce to his first wife but his first wife n he is not in relationship from 10 yrs n she also file case for dahej after 6 month of marriage he marry with her in 2003. The case was win by my brother in 2005 from that time till date both of they not staying with each other but they have a girl child and she lived with her mother. So my question is my brother's second marriage is valid ?? And can his first wife will come back and file a case against my brother???? please reply

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saravanan s (legal advisor) 16 May 2016

The second marriage is legally not valid.the second wife is illegal whereas the children born out of the wedlock are legitimate.the first wife can file case of bigamy on you

Dr Martin Campbell (Doctor) 16 May 2016

Being married is state of mind, having loving and caring partner is more important than legal validity of marriage in form of certificate, if such does not exist, bigamy cannot be proved. However it is advisable to take divorce from wife 1. Marriage with 2 however is illegal in eyes of law, can be continued as just cordial friendly relationship.

However, I would suggest that, once divorce is gotten from wife 1, its better not to re-marry, and go for live-in relations with new partner, marriage actually kills the scantity of the relationship between two people when legal terms enter into martial life.

A walk alone (-) 16 May 2016

Second marriage is invalid without divorce. As it becomes a long time now your brother should file divorce. He may got easily. First wife can file case of bigamy. If she comes then say that your brother is not married he is living in relationship or second wife lives on rent in your house.

Second marriage

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