• Got married in india without having divorce in australia

Hi, i have been married in Australia from 2007 and from 2016 me and my wife been separated. she got another partner now. As per she told me last time we talked that shes applying for divorce. i wasn't aware of all this things so i left to her. now i went back to India last Feb and got married to someone else. now after i got back i was planning to launch my second wife file for partner visa. but find out i m not divorced yet. now i have applied for divorce and my hearing is in September. I found out due to this my second marriage wont be legal. now what i have to do to make this second marriage legal and call my second wife in Australia as legal partner. Is this any proper way to do this ? Please help me out. If my second marriage is not legal anymore than can i apply for prospective marriage visa for my second wife and can marry to her legally in Australia ? Please help me out with this... Thanks.
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

Your second marriage during subsistence of earlier marriage is illegal

2) since you are married in Australia obtain divorce from your first wife in Australia

3) after your divorce you can remarry your second wife in India or Australia

4) you can then apply for her visa to Australia

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

After your divorce apply for her visa

2) she can go on tourist visa to Australia

3) marry you in Australia

4) in alternative get married in India after your divorce

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1) You should get proper divorce from your first wife and apply for passport for second wife this is correct legal procedure. Here in your case your first wife has already married or staying with other person so you have chances to get divorce easily.

2) Instead of applying for divorce in court you both can go Mutual Consent Divorce.

3) Or you can take your second wife on individual visa and tham marry with her in Australia.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) Not needed to give divorce to your second wife and don't disclose that you are married with second wife until you get divorce from first wife.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Your second marriage is not valid and hence no divorce is possible since it is not validly performed.

2. Then only option is to seek nullity of the second marriage on mutual consent.

3. then you will have to dissolve your first marriage my mutual divorce or through contested divorce.

4. once first marriage is dissolved by divorce then you can contract second marriage legally.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Without divorce second marriage is an offence under Indian laws. So the second marriage is null and void under Indian law.In such a case Live in relationship also will be treated as an act of adultery .Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living.

So better you file a divorce case immediately in Indian court . After getting the decree of divorce legally marry the second wife. If your wife not appear before the court after serving summons to her you can get exparty divorce from the court it will take only 2 or 3 months. All other proceedings will take much time. Or other wise file a Divorce by Mutual Consent .The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

As per latest supreme court rulings Six-month cooling period for granting divorce is waived and you got early divorce decree

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Since second marriage is no legal marriage divorce is not possible. You will have to nullify the second marriage and then remarry her after divorce from your first marriage.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No need to divorce your second wife before remarriage

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

You can remarry your second wife only after you obtain divorce decree from first wife

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Sir first the second marriage needs to be annulled , from.india a annulment decree of marriage has to taken as the second marriage is not legal.

Then take a divorce with first wife in mean time.

And after the decree is granted remarry your second Wife register your marriage and apply for visa.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir annulment of marriage from indian court is most suitable option, you don't have to take divorce from.second wife as the marriage it's self is not valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further ask your second wife to file annulment against you in India once see gets an annulment decree and you get divorce in Australia you both can marry wherever you want.

I am asking your second wife to file for annulment because firstly as she is in India, secondly she can take ground that you were married and remarried her so your marriage is not valid and she wants annulment of marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No sir, as the second marriage doesn’t hold any legal validity in the eyes of law, you don’t have to give divorce to her.

The moment you get divorce from the fisrt wife then you need to remarry her again.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

You married again while you had not been divorced. This is bigamy and is an offence in India. The law does not recognise marriage with your 2nd wife as a valid marriage at all. Therefore the 2nd marriage is a void marriage and hence you don't have to file a separate petition for that. The marriage woth your 1St wife was performed in Australia therefore you can divorce her in Australia itself and then apply for visa. A prospective visa can be applied for but it would be better if you do so after the divorce.

You cannot marry her before the divorce as technically you are already married and hence this would be the 2nd marriage for you which is forbidden.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1) Foreign Divorce is not valid in India, only Mutual Divorce happened in foreign countries those are valid in India.

2) You can marry with your second wife in Australia.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Your second marriage is void as you can not legally remarry during the subsistence of your previous marriage. For your second marriage to be valid, you should have a decree of divorce resolving your previous marriage otherwise your marriage has no value in the eyes of law.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Thanks for your replies. Would like to know if i have to give my second wife divorce too before i remarry her again or not ?

A. You would not need to give divorce to your second wife as that marriage is legally void. You can get married to her again and can register the same after the decree what device has been granted to you resolving the marriage with your first wife.

Moreover, remarrying during the subsistence of first marriage is a criminal offence under section 494 of IPC for which a criminal complaint can be made against you. So, you got to tread lightly.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

The bond in the first marriage is not separated and legally no divorce is granted . So the second marriage is null and void . So after obtain the divorce decree marry the second wife again.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Your subsequent marriage contracted with another Lady while there subsisted a marriage, is invalid and illegal.

In fact it is a criminal offence under section 494 IPC as an act of bigamy.

Therefore you can follow the process of getting your first marriage dissolved and then think about marrying this female once again and to take her to Australia accordingly.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Can someone please help me out with suitable options.. Please.

The next step is to just ignore the second marriage because as it is the same is null and void. You may first get your original marriage dissolved and then plan to marry this lady officially and get the marriage registered.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Would like to know if i have to give my second wife divorce too before i remarry her again or not ?

You can ask your second wife to file a petition under section 12 of HMA seeking to nullify the marriage since it is is null and void on the grounds that your marriage subsisted on the date of contracting this marriage with her.

This decree of nullity will relieve you from her legally.

After that after getting divorce from your original wife, you may plan to marry this girl once again, there is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

hi i already file divorce here with my first wife in Australia. Hearing is in September. All i want to know that do i have to divorce my second wife too get remarry with her again or i can call her here and get married again with her if our marriage is illegal.

If your first marriage was solemnised in India as per Indian laws then the divorce in Australia, if other than by mutual consent, is invalid in India, hence your divorce will be not recognised as legally valid one.

Once your first marriage is dissolved by legal means and recognised as per Indian laws, then you can get married to the other girl after getting the marriage with her as nullified by a decree of nullity

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. You have married in Australia first and have not yet got the decree of divorce from the Australian Court.

2. So, you are still considered as married in both Australia and India for which youer second marriage stands invalid.

3. You shall have to collect the decree of divorce from Australia where you had married your wife.

4. Thereafter you can apply for your present wife's spouse Visa duly submitting copy of your divorce decree.

5. You can also get her at Australia on tourist Visa or against work permit and then marry her, of course after getting the decree of divorce from the Australian Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. First you shall have to get the decree of divorce to remarry.

2. You can negotiate with your wife (i.e. your legally wedded wife staying at Australia) for applying for a mutual consent divorce in Australia which will be considered as valid in India also..

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. the question of divorce comes where there is a valid marriage.

2. Your second marriage is not valid for which the question of divorce does not arise.

3. She can file an application for annulment of her said marriage on the ground that you were already married which she was not informed.

4. thereafter you two can marry after your getting the decree of divorce from Australian Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. It will be ideal for you to get your second marriage annulled in India first.

2. Thereafter you can marry her in Australia after getting the decree of divorce as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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