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Dr.R.Ramesh   28 June 2016

Visa cancelled for my foriegner second wife

When I was in divorce process with my first wife, I married a foreign lady with my first wife's consent. End of the divorce process, my first wife wanted to live with me again which made me to have two wives. Now I am trying to bring my second wife to India with the consent of first wife, still Indian Embassy is not issuing visa to my first second wife based on IPC 494. Will IPC sec 377 help in this case?

If Indian law is based on Hinduism, and allowing Muslims to marry two wives, then the people like me are pushed to convert to Islam! In this case converting myself to Islam is the only way it seems!



Learning

 5 Replies

Kumar Doab (FIN)     28 June 2016

Hope you shall take the post positively.

 

Until or unless there is a custom in your tribe allowing second wife while 1st wife is surviving, you can not have two wives.

 

Indian courts recognize custom as law only if the custom is “ancient or immemorial” in origin; “reasonable in nature and continuous in use”, and “certain”.


Courts interpret “ancient or immemorial" to mean that for a custom to be binding. it “must derive its force from the fact that by long usage it has obtained force of law”.

 

If you convert just to have second wife it may not fetch you any relief.

Your 1st wife's consent does not matter and can not be equated to  sanction by law. 

 

Kumar Doab (FIN)     28 June 2016

Repeated at:

 

https://www.lawyersclubindia.com/forum/Visa-cancelled-for-my-foriegner-second-wife-139067.asp

JustAdvisor (IT)     28 June 2016

you should also understand the rationale behind Islam allowing multiple wives. it was not to satisfy lust but to give shelter to war widows. however for political reasons the laws have not come of age.

Angad Singh (Lawyer)     28 June 2016

It doesn't matter if your "first" wife gave any consent or not. What is punishable under the IPC and what the law of the land mandates has to be followed by the Indian embassy. The law does not need to adapt to the whim and fancies of the likes of you where you can cry out loud that you are being "pushed" by statutes to convert to Islam. If you want to convert to Islam, then go ahead and no body will stop you. If you think that the provisions of IPC 494 won't still get attracted, then you are wrong. Even if you convert to Islam, 494 will be attracted because you have married whilst you are a Hindu. There is no marriage in existence with the "Second" wife but you have committed the crime under 494. What a stupid cry for attention by stating that the laws of the land are pushing you to convert to Islam.

Kumar Doab (FIN)     28 June 2016

Hope you shall take the post positively.

Such relations have its own fallouts:

 

You may go thru:

 

https://www.lawyersclubindia.com/experts/know-about-property-act-602896.asp

 


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