• Married second time without divorce as first wife married another

I got register marriage right after college due to some circumstances. But I came to USA. My first wife remarried someone without divorce. After 6 months, I married again which the second wife knew about first happened. But after 2 years, my second wife & her mother are threatening me to put me & my family in jail if I don't listen to them. They are making me to cook and emotionally black mailing me every day. I don't want my parents to get the blame. 

They are threatening me for alimony and complaining about me and my family on false dowry case.

I am helpless. What should I do, please advice.

Myself, my first wife & second wife all are indians. I and my first wife are Hindus and second wife is christian.

I lost hope in life. Please help.
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1. Even if your wife remarried without divorce, this does not authorise you to remarry without divorce.

2. So by second marriage you have committed bigamy and knowledge of your first marriage by your second wife is no excuse.

3.So your seond wife if she so wishes can very well file case u/s 498A, 494, 406 IPC.

4.Hence better settle the dispute with her amicably otherwise you may have to fight a long legal battle in India draining both your health and wealth in the event your second wife files such cases.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

how was your second marriage solemnised?

2) was it under provisions of hindu marriage act ?

3) pl;ease note that for valid marriage under HMA it is necessary that both parties be Hindus

4)if you have married under provisions of Special marriage act then marriage could have been solemnised as your wife is christian and you Hindu

5) please note that second marriage during subsitence of first marriage is a nullity

6) your second wife can file case of bigamy against you under provisions of section 494 of IPC

7)if wife files false dowry case obtain AB from sessions court

8) better divorce your first wife by mutual consent

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

You are in a precarious situation as both you and your first wife committed the offence of bigamy. Your second wife can certainly file a criminal complaint under section 495 IPC against you on the ground that you married her by concealing the fact that you were already married. It would be very difficult for you to prove that she knew the subsistence of your first marriage. The imprisonment if 5 years on conviction. Better settle the differences amicably.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. first marriage is valid if it is solemnized as per your prevailing customs and usages. she cannot prosecute for bigamy if first marriage is void.

2. solemnization of marriage as per the costumes and usages is mandatory and only registration cannot give effect of valid marriage.

3. if first marriage is valid, she is also an accused of bigamy. one accused cannot file case against other accused for same offence.

4. if she solemnized second marriage prior to your marriage and marriage was not solemnize according to customs and usages, her act of second marriage shows that she has repudiated the first marriage.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Concerned ....

A. If your second marriage is not a registered marriage or has been solemnized as per the Hindu Marriage Act ot even as per the special marriage act - the second marriage in presence of the first marriage being valid is Null.

B. In such a situation your wife can file a case of Bigamy against you and may also file false cases against you here in India.

C. It would be good to settle the disputes amicably

D. As you are based in US and assuming your wife is in US too - check with a local lawyer on how you can book your wife on Blackmailing and threats being given by her within US.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1) you have not answered my queries

2) refuse to bow down to blackmail tactics

3) let them file cases

4) obtain Anticipatory bail from sessions court and contest the case on merits

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

First of all it was your fault to have married another woman without dissolving the existing marriage and when the spouse was living.

The second marriage is null and void while the previous marriage subsists.

Now you can ask the second wife to proceed with the case for null and void of her second marriage, however be rest assured that she cannot file a case of bigamy agaisnt you or any criminal case including cheating because it is the first wife who shall be entitled to lode such criminal complaints agaisnt you.

Do not be afraid of any legal consequences and remember that at one stage these things are to be confronted so why not today.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

My second wife & her mother are not behaving & talking logically. They are taking advantage of my situation. Either I have to live rest of my life as slave to them or commit suicide or go to jail along with my innocent parents. I took a wrong step by choosing this women knowing her mother married twice and my wife hasn't seen her biological father. Her mother took some amount from her first husband and also ill treatment her second husband and forcing him to cook & do house stuff. Literally they both don't know the value of men especially husband.

Even now nothing is out of your control.

You can walk out of yor house shared with her and file a contested divorce agaisnt her on the grounds of cruelty.

Let she come with a defence tht this marriage itself is not valid since your previous marriage subsisted during the time you married her.

Then the court will declare this marriage as null and void on your alternate prayer, so all your problems will be solved.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

1. You and your first wife have done a blunder in marrying for the second time without divorcing each other.

2. Both of your second marriage is considered as illegal hence void at law.

3. Both of you shall be alleged with the charge of bigamy punishable with jail term.

4. Your second wife knew about your first marriage will not give you any reprieve in the eyes of law.

5. It will be prudent on your part to make a settlement with your second wife and get the marriage annuled in your long term interest.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Your only mistake was marrying for the second time during the pendency of your first marriage and without taking divorce from your first wife.

2. Rest of the other mistakes are general which could have been taken care of by you, had you not been married earlier.

3. Get your second marriage annulled at any cost by amicably making a settlement with your second wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If they file cases against you then you will get a free and fair trial. Suicide is not the answer. Be brave and take the bull by the horn.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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