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MEHER NARESH VASUDEO (CLERK)     12 December 2013

Second marriage

Let me have your opinion i have a pending case in lower court regarding divorce,i think i will take more time therefore can i maitain LEAVE IN RELATION  with a girlfriend who is willing to stay with me in my house (there are no other member is staying) i mean we can stay there . or can we get unofficial marriage with the concent of my girlfriends parents ( My family members as well as Girlfriend's family members are ready to give consent for second marriage but they are phobia about going Court Case ).  Please guide me  and give your opinion



Learning

 7 Replies

Ramesh (student)     13 December 2013

Dear sIR,

mY FRIEND CASE IS SIMILAR TO YOURS.

iF YOU FIND ANY SOLUTION OR GOOD ADVICE PLEASE ALSO INFORM TO ME

EITHER IN FORUM OR AT myngone@gmail.com.

SAM (LEGAL)     13 December 2013

please dont marry till you get divorce from family court or else your case will be in much problem and you will have to face lot of problems in future too

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 December 2013

first wife can file a criminal case under section 494 of ipc against her husband and second marriage will be void ab initio

T. Kalaiselvan, Advocate (Advocate)     13 December 2013

If a court case is pending about the sustainability of the existing marriage, the meaning thereby is that the marriage between you and your wife is subsisting therefore under the law, marrying another person while there subsists a marriage on the day of proposed second marriage, the second marriage will be ab-initio Null and void, besides you will be considered to have committed an offence under section 194 of the Indian Penal Code and a conviction under the said provisions will be upto seven years behind the bars.  Do you still want to go ahead with the intended second marriage?, Live-in Relationship has been recognised by the supreme court itself through one of its recent judgment as not illegal, hence continue to live with her without marrying her at least until your existing marriage is not dissolved by a decree of divorce.

2 Like

Northern Queen (Manager)     13 December 2013

ARE YOU STUPID?  NO YOU CANNOT MARRY ANOTHER WOMAN IF YOU ARE STILL MARRIED.

 

WHAT PLANET DO YOU COME FROM?.  NO WONDER THE WORLD IS SUCH A SORRY PLACE TO LIVE IN WHEN PEOPLE LIKE YOU EXISTS.

 

GET A DIVORCE, THEN YOU CAN REMARRY.

 

DO YOURSELF A FAVOUR, TAKE THE HINDU MARRIAGE ACT, OR THE SPECIAL MARRIAGE ACT TO BED WITH YOU AND READ IT - READ THE INDIAN PENAL CODE TOO - YOU MAY LEARN SOMETHING AND BE ENLIGHTENED, THEN YOU WONT HAVE TO POST SUCH STUPID QUESTIONS ON HERE.


(Guest)

Kalaiselvan sir is absolutely right. Adding to that take pre-cautions that your girl friend doesn't get pregnant until you divorce your wife. Although I understand the needs of a man but its not wise to get another woman into your life. Morally also you should understand that you are taking advantage of your girl friend's innocence so it becomes your duty to make her happy/secure all the time. Hope you dont come tomorrow with other complaints.   

 

These are the after-effects of our snail's pace law.


(Guest)

Living with another woman during the pendency of divorce petition will not amount to bigamy, since an essential criteria for attracting bigamy is that there should be a proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties. Mere admission by the accused is not enough. However, if you go for a marriage with the other woman, you will be guilty of bigamy. This offence is punishable with imprisonment up to 7 years or fine or both.

 

For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. Living with another woman, during the pendency of the divorce proceedings, will not amount to bigamy but this will definitely give a ground to your wife to prevent the decree of divorce being passed in your favour as this act of keeping illicit relationship with another woman is a ground of divorce available with your wife as well in amounts to cruelty inflicted on her by you and you cannot take advantage of your own wrong for getting relief from the court, keeping this cardinal principle of law in mind your divorce case may get dismissed. Therefore, it would be suggested to you that you wait for the divorce to take place and then you may marry and live with the other woman.

 

Get a lawyer to help you with the case. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com


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