• Family dispute

Dear sir
I have been married to my wife for the last 17 yrs. We got married as per Hindu marriage act in front of friends and family. We are blessed with a girl who is 15 yrs now. Though our families are from same caste we are from two linguistic background (Tamil and malayalam) She was born and brought up in a well settled family and she is very studious and independant in nature. All her family members are Govt officials and a very reserved type. My wife is also bit reserved and wont express her feelings much. But she is very capable and managed financials and family very well. Also she continued her studies and obtained job after marriage and was managing both family and job pretty well. On the other hand my family is a traditional conservative family where my mother and sister were home makers. We follow very traditional values. I have been working in a central govt job as senior officer and hence I have been living in metros and was able to accommodate her. However, my family couldnt accommodate her due to various differences. This created lot of family issues and ultimately affected our life. However, my in laws were very polished and they generally ignored such issues. This helped us to live further. However, my parents constantly compelled me to leave her and marry a girl who is a homemaker. Though I ignored such talks initially, later after the birth of daughter, my wife' attention reduced towards me and I too started dreaming a new life. In 2010 My wife was away for higher studies and my parents forced me to leave her again and started sharing profiles of young girls to marry. At one point,my mind slipped for sometime and I chose to marry another girl who is 15 yrs younger to me. My wife didnt realise this and we continued the relationship with her till 2014. I decided to leave her once she complete the course in 2015. However during this time my wife met with an accident and I couldnt do anything. I become frustrated and started abusing her and compelling her for divorce. She filed a DV case and obtained a protection order.I filed divorce case against her.But he rejected it.It is been 2.5 yrs now but my divorce plea didnt approved by court and my wife is adamant that until a favourable settlement for her and daughter she wont give divorce. I stopped giving her financial support and meeting my daughter nd wife as well. My father compelled me for a secret second marriage with the girl he suggested and I married her last year. Though we kept it a secret, my wife came to know about it and filed a case against me in my dept. He had filed a case of bigamy as well. Now I repent on my actions but now my wife and the second wife family is torturing me. My second wife is not ready to leave nd my first wife is not ready for a divorce. Please help me to resolve this issue.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Dear Client,

Second marriage is void for subsistence of first marriage, You can leave 2nd wife, she cant claim maintenance,

Or get into a settlement with first wife, Once divorced, all problem will solved.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

1) You need to be aware that legally you could not have married without getting divorced fro your first marriage and so your second marriage is void. However as you have concealed your first marriage and married second time it amounts criminal breach of trust and if her family decides to go to court, you will have more trouble.

2) To resolve the current impasse, you must allow the a favourable settlement sought by your legally wedded wife to happen. Even if you decide to contest the divorce petition, a financial settlement for your daughter and wife has to be arrived at.

3) Once the divorce happens, you must marry the second lady again to make the marriage valid as the second marriage is not legitimate at this time.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

you have messed up your life

2) if you have remarried during subsistence of earlier marriage you would lose your job . you would be convicted of offence of bigamy under section 494 of IPC

3) best option now is to offer your second wife one time settlement and let her file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Sir only settlement can resolve your problem now your traditional values has nearly ruined your life and due case of bigamy you can loose your job too.

So it is better to settle with second wife take a decree of nullity from her(or ask her to deny the second marriage at all that it never happened (i suppose there is no registration) by destroying the proofs of it) also then settle with the first wife offer her settlement take divorce. Marry the second again this is best way.

otherwise both of wife can file criminal case and you can certainly loose the job.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Let it go now like this, how you are living your life with second wife and leave out your first wife.

2) Now stick with second wife and do let her down in any situations and let you first wife wants to take any decision.

3) remain cool and keep your mind cool. like keep all problems egg in one basket let watch which chicken comes out first. so work accordingly. because already you have accepted position of bigamy.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

return to your first wife .

2) request her to with draw the bigamy case filed by her

3) also complaint filed against you in department

4) pay your second some money in full and final settlement

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1) You have to take your own decision and you have to choose one from your two wives. Don't listen to any one what parents, friends and relatives think about it forget it.

2) What your mind think you should go with that and take decision, still its not late and your second wife does not have any issue/kids.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

For your information , if you have sexual intercourse with your wife who is 15 yrs old it would be considered as rape .

In the instant case the second marriage is null and void .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Sir its better then repenting get your second marriage nullified as it was done when your first marriage was still there and further ask your first wife to settle and stay with first wife happily. Give a settlement amount to second wife to agree for settlement, and get it nullified make her understand that she has no claim no valid marriage and many life are effected so better take money and help yo get nullification of marriage.

First wife can help you to quash your cases. And for time being use your brain stop relying on parents already they have done damage to lot of lives.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The option available before you is to talk to either of the wives and make them separate residence and maintain both of them and your children.Since divorce was refused and you did not appeal now you cannot appeal since it is barred by limitation. The only way out is to talk and reconcile with both and ask your first wife to withdraw complaint made to your department.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear,

Sorry but you are liable for bigamy case. First of all your second marriage is null and void

because your first wife is alive.If she give's you permission for second marriage, it is also

null and void in Indian law. Your first marriage is legal only.

You can file case declaring second marriage void.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir, you do not have much choice now as you have yourself made your life miserable.

Still I advice you to settle with your first wife and convince her that you only love her and give divorce to the second one.

As if your wife would go ahead with bigamy then you are gone for sure, but yes if second one would go for cheating case then you may be able to console the second one and settle the matter as they need only money as per your query.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Your marriage with your second wife is void as well,as illegal.

If the first wife is not ready for divorce, you cannot force her to do so and would have go let go of your second wife.

Your only option is to settle the case with your wife as you will be most likely proven guilty after the bigamy case is concluded.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Marrying again during the subsistence of marriage is an offence under bigamy.

It may even endanger your career and employment.

You have to convince your wife to withdraw her complaint by meeting her demand for a substantial one time settlement amount so that she will even give mutual consent divorce and you can continue the married life with second wife.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

The option before you is to settle the2nd wife with a reasonably substantial amount so that she agrees for mutual consent divorce after which you can live peacefully with the1st wife.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

Your second marriage is illegal as you didn't divorce your first wife. You need to contest the case. Try to settle with the first wife and get divorce. There is no other way. If you admit your Offence you will convicted.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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