hello

the 1st marriage with your wife cannot be treated as a divorce unless you have obtained a proper decree of divorce. as you did not do that your 1st marriage still subsists. your second marriage was no marriage at all as the law states that a 2nd marriage is null and void. therefore you have to marry her again after the decree of divorce with your 1st wife has been granted to you. she is not married as per the law. you can marry her here or in Australia.

Hello

Sir the hindu marriage act states that a second marriage is null and void ie as if it never took place. Therefore although you married your second wife thinking that you are now divorced....but you were not divorced....Therefore your second marriage did not take place in the eyes of the law.

Now your second wife has stated that she is your wife although she is not. So when the authorities would check in Australia.....They would find that you are still married and the proceedings are going on for divorce and hence there can be a problem.

Regards

The second marriage certificate in the eyes of the authorities is a suppression of material facts and hence could be a problem for you.

Regards

1) your second marriage during subsistence of earlier marriage is illegal

2) after obtaining divorce from first wife you can remarry your second wife

As on date your second marriage is nullity

2) you can marry your second wife in Australia after obtaining divorce from first wife

3) not necessary marry her in India only

4) merely because her babe is in passport as spouse does not make your marriage legal

Your marriage certificate is not legal as marriage performed during subsistence of earlier marriage

You are in a legal loop.

Please file file for annulment of marriage the second wife. Complete divorce from first and remarry your wife again and get registration of marriage as the dates will always be a problem in getting visa. The spouse name on passport after the marriage will not create problem.

1. You have messed up your life solely on the basis of presumption and conjecture. Life can not be lead in such casual way.

2. Now f your first wife has not dissolved the marriage then your second marriage is null and void and has no force in the eye of law.

3. in such event ask her to file a suit for nullity and you give your consent so it is declared null and void.

4. Then or in the meantime apply for divorce from your first wife and once a mutual divorce is done in Australia or in India with your first wife then you can marry for the second time with the same person .

Sor first of fall even separated no court divorce decree the second marriage is void it is not legal.

The letter of your wife will make no good.

Is your second marriage registered in India??

Sir first you have to get an annulment decree from.the court on your second wife from.court in India citing your first marriage. Once the marriage is annulled file.for divorce and get divorce.with first wife.

The time court grants divorce from.first wife then you can marry second wife.

Let your second wife apply for annulment on ground that you are already married. You do not contest same court shall pass an anulmnet decree speedily. After divorce from first wife you can marry second wife again.

Sir since your marriage is already registered in Australia with first wife the second marriage is not legal even the certificate and name in passport.

The passport authority can check and can raise an objection on the arrival of your wife to australia further in case of any issue the second marriage shall be deemed illegal.

See the certificate is illegal since you obtained same suppressing first marriage. Further on application of visa since you are already married in Australia the australian authorities may take an objection on her arrival.

1) As of now don't show on paper that you had married with second wife.

2) Keep it hidden as of now because one plus point is with you that your first wife is not going to interfere in your second marriage nor she is taking any action against it, actually she is supporting you.

3) So after September you can do second marriage in Australia after getting divorce from first wife.

4) Meanwhile you can call your second wife on tourist visa at Australia.

Sir you already married to her and annulment has to be taken from court. As marrying her again after divorce either you can do by suppressing fact of your indian marriage which cannot be done as name.on passport.

So till september obtain an anullment.from Indian court your second wife can apply and can get exparte without you participating in the proceeding. After annulment and divorce you can marry again your second wife.

Marrying a lady twice without annulment of first won't serve purpose.

Firstly, Sir, once you are married and do not get divorce then even the second marriage would not have any sanctity in the eyes of law.

Secondly, when you get the divorce from the first wife then you should marry once again with your second wife, and then get it registered again.

Thirdly, thereafter you make an application for the rectification in the passport department about the same that the problem was there now it has been sorted out and you need to furnish the same.

Yes but at the same time you have to file annulment if your marriage in India and get it done before you go for the next marriage you can do your marriage in Australia and you can register your marriage in India as well as he is Indian national

Hello

After your divorce you can marry her and call her to Australia and there won't be any problems.

Because once you get a divorce decree you become single and unmarried again in the eyes of the law and can therefore marry again.

Regards

You can marry your second wife after obtaining divorce from your first wife

You can call her to Australia for solemnisation of your marriage

As your second marriage is void, then you can proceed to get married to your second wife again after you have received the decree of divorce from your first wife.

Your wife's statement that you are separated does not have any veracity in the eyes of law and cannot be substituted for a decree of divorce under any circumstances.

In case, your wife's passport also reflects your name as spouse already and a marriage certificate has already been registered, you will have to file for annulment of marriage, in order to make it a legal marriage and a new marriage would be done after getting a decree of annulment from court.

Dear Querist

First of all, you have to take divorce from your first wife legally and then again marry with your wife after getting annulment order from the Court as your marriage with second women is void ab initio.

Your second wife will have to file a petition under section 11 of Hindu Marriage Act-1955 before the Family Court and after getting the divorce from the first wife and after the annulment decree granted by the Family Court than solemnized your marriage again with your second wife which should be registered also.

Feel Free to Call

Dear Client,

While subsistence of previous marriage second marriage is void even punishable offense u/s 494 IPC if first wife files FIR.

So until not get divorced legally, don`t go for any process for 2nd wife.

You have to marry her again after divorce to make her legally wedded wife.

Hii

Greetings of the day.

India or or other international except some golf second marriage without divorcing a first wife is illegal and can charge with penalty and fine and can go for adultery also if thinga turn bad and any of your wife goes and file case.

Your marriage is is null void in the eye of law.

So to avaid unwanted problems..

It's better to stop visa work get divorce paper final from first wife. And get divorce decree or order from Australia Court and then remarry after one to three months. As waiting period is their after divorce decree for second marriage as per limitation act.

Best regards

As long as you have a divorce decree with the preceding wife in place, you can marry again and travel wherever you want to with your new wife. Till such time as you do not have a legal divorce, any subsequent marriage is illegal and you are liable to be punished under law in India.

Hi, as per Hindu marriage act, marrying again without getting divorce from Viraat marraige is null and void .. After getting divorce in September , you can preform the ceremony in Arya Samaj mandir , and then get it registered accordingly

Can i marry her again after my divorce with first wife? Would there be any problems ?

A. No. You cannot marry her again after divorce from your first wife as you would need a decree of an annulment for the void marriage, then after that you can get married your second wife legally.

Just wants to know is my Indian marriage certificate legal or not for second marriage ? Is my name on her passport as spouse would be problem during file process for Australia?

A. It can land you in deed trouble as you are Indian marriage certificate for second marriage without getting divorce from the first wife is illegal in the eyes of law and even your name on your passport as spouse can land you in a mess with the Australian as well as Indian passport authority. So, its better if you get all this sorted out on priority basis.

Yes. You'll need to get your second marriage annulled in order to marry the same person again.

Sir

A void marriage means that.....that marriage never happened in the eyes of the law.therefore there is no need to annul your second marriage.

It is a VOID marriage.never happened.

So marry her again but only after getting divorced and apply for a visa

It is advisable that your second wife obtain anullment order from family court . It would not take more than 6 months if you don’t contest

Yes the anullment has to be done as the marriage is registered and the fact if same cannot be suppressed.

Sir your second wife can apply fir annulment on ground that you are already married you can remain exparte in issue so the annulment is given in speedy manner without wasting much time

It is not mandatory to have anullment decree to remarry your second wife

2) you cannot file for anullment as you cannot take advantage of your own wrong . You married her while first marriage was subsisting

3) your second wife can apply for anullment

Hii

1.You can can apply either in Australia for annulment. But you involve your second wife.

2. And but obvious your second marriage in illagal and void before getting the divorce decree from first wife as I said earlier.

3. Go and speak two you first and file for mutual divorce in Fast track court... May new rules can be applied your decree can be passed with two months. Or else mutual consent divorce decree take 6months in India.

The courts have allowed for some amount of flexibility to be granted in this regard. Thus, an NRI can assign his consent and his presence between a period of 6 months to 18 months to acquire the final decree for mutual consent divorce by the courts..in India.

4.Jurisdiction - The court has the power to grant a divorce if either party has one of the following attributes:

Regards Australia as home;

Intends to live in Australia indefinitely;

Has lived his or her whole life in Australia;

Is an Australian citizen; or

Normally lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.

The requirements for obtaining a divorce in Australia:

Marriage - You must first satisfy the court that you have a valid marriage. A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, we can usually arrange it for you. If your marriage certificate is not available, the court may require you to give some alternate evidence of the marriage.

A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months. The amount of time varies according to the judge, the county, and the will of the parties to speed things up or delay in Australia.

Without divorce, 2nd marriage is not valid. Read sec 494 IPC.

Marriage can be annulled by court order only, If both are agree to file divorce, than file divorce by mutual consent. In India it will take 6 to 8 months.

Can file divorce in Australia also (any one place) but your presence will required at least for filing mutual divorce.

2nd wife has nothing to do with your divorce or required.

Your second wife can file for annulment in Australia also and if it is contested by both the parties it shall be valid in India too.

Your marriage would be annuled in 3-4 months fron the date of filing of the annulment petition.

Under the given sitguation the second wife may file a petition to annul the marriage since it is is null and void as your previous marriage was not dissolved by a decree of divorce.

In the meantime you may process the divorce of your first marriage and once it is done, you may once again marry this second female, provided she obtained the decree of annulment nullifying your earlier marriage with her.

Do i have to marry my second wife again to make it legal ? Can i just marry like normal or i need to have divorce with her too to get marry to her again? what is the procedure to make my void and null marriage with my second wife legal ? Do i have to marry her in India or i can marry her in Australia ? She already got my name on her passport as spouse too and we got marriage certificate for marriage as well. Still my marriage with her will count illegal? Please help me out in this situation and find me right way so can bring her to Australia... Thanks in advance.

Since your second marriage without dissolving the first marriage is null and void and is invalid in the eyes of law, you may ask her to file a petition seeking the marriage with her as null and void for the reason that you are already married and the marriage is subsisting with the spouse living.

In the meantime you may file a divorce case seeking to dissolve your marriage with your first wife. Once your previous marriage has been dissolved and the second marriage has been declared as null and void by the respective courts, you may marry the same second wife once again.

The passport entry and the marriage certificate cannot be taken as valid evidence for marriage.

You can take her to Australia on some other reason but not as your legally wedded wife, at least not till your first marriage has been dissolved.

But she got my name on her passport as spouse. Would that be a problem if i launch her file for Australia stating i m intend to marry her.. U mean to say even if i got marriage certificate that's not even valid document ? My name on her passport as spouse wouldn't be a problem too as she submit marriage certificate as proof to put my name as spouse ? My marriage certificate is not legal too of 2nd marriage ?

Your marriage with her is not termed as illegal but it is null and void hence the entry in the passport as your spouse may not be taken as an illegal entry.

What if she, your first wife refuses to give you divorce

You can marry her once again after your marriage with her has been declared as null and void.

Just wants to know is my Indian marriage certificate legal or not for second marriage ? Is my name on her passport as spouse would be problem during file process for Australia?

The second marriage is null and void hence you determine whether it is legal or illegal.

The presence of your husband's name in her passport will not be a problem

I am planning to call and do paperwork for my second wife to Australia after i get divorce from first wife only which is after September. Not before that. Doing nothing before that. I am asking afterwards when i call her here by putting Prospective Marriage Visa (300 ) or Tourist Visa at that time getting married with her again in Australia would that be a problem for me ? Can i marry her again after my divorce with first wife? Would there be any problems ?

You hav already married your second wife, hence without dissolving your second marriage contracting another marriage with out second marriage being dissolved may be considered as an offence.

So i cant marry second wife again without getting annulment for void marriage ?? There is not any other way ? Is annulment has to be done for my marriage with second wife ?

You are right that the second marriage has to be annulled first and then you are eligible to apply for spousal viza.

Can i apply for annulment order from australia ? Whats the procedure ? Do i have to involve my second wife on this matter.. ? Is this annulment letter is compulsory to have for remarry her in australia again ? How long it will for annulment order to come ? Thanks

Your second wife can file annulment case before the court in the place where

she got married to you.

1. Your second marriage without obtaining the decree of divorce is void at law.

2. You ask your second wife to file a petition praying for annulment of her marriage with you on the ground that you were not divorced as on the date of her marriage from your first wife.

3. Thereafter, you can marry her afresh and register the said marriage only after you get the divorce decree in connection with your first marriage.

4. You are already married with your second wife illegally which is required to be cancelled first for marrying her afresh legally.

1. It will be prudent on your part to move strictly as per law in the instant matter.

2. Your second marriage is illegal, hence void at law.

3. You are required to get the second marriage cancelled first to become free to marry her afresh.

4. Meantime, you are required to obtain decree of divorce in connection with your marriage with your first wife.

5. So, when you are divorced from your first wife, your void marriage with your second wife is cancelled, you can marry your second wife afresh and start your married life.

6. There is no way to legalise your second marriage which is void at law.

7. You can suppress the fact that you are already married while solemnising your second marriage (if your second wife or first wife does not make any complaint about it but once it is complained, you shall be leveled with the charge of bigamy punishable with jail term and your second marriage will be declared as void marriage.

1. You have already made things very complicated for you and herself.

2. Her passport will be cancelled for submitting certificate of her illegal marriage. So, in her application for annulment for marriage, she should add a prayer for directing the passport authority to delete your name as her husband since you had married her without disclosing the fact that you were already married at that time.

3. Once your name as her husband is deleted from her passport and she is stated as unmarried, then you can marry her afresh and then add your name as her husband.

4. It will be prudent on your part to undo whatever error has been committed by you and then take further steps in connection with your second marriage and application for passport in a proper and legal way.

1. Your marriage with her in India is illegal.

2. The fact that your name has been mentioned as her spouse in her passport will make things complicated for you for taking steps to marry her in Australia giving rise to further complications.

1. You shall have to undo the illegal matrimonial knot you have already tied with her in India by getting your second marriage cancelled.

2. You can take her to Australia and get married with her there after availing divorce from your first wife which will be perfectly valid but your registration of marriage with her in India stays and stands as illegal which shall have to get cancelled by order to be passed by the Court.

1. Your second marriage, which is void at law, has already been registered.

2. You are required to get the said registration of marriage cancelled first as per law before marrying her afresh.

1. You can not file a case without informing the other side.

2. It will be appropriate for your second wife to file the petition for annulment of her marriage with you since you are already married to another lady during your said marriage with her.

3. Since both the sides agree for the fact, it can be over within 12 to 15 months from the date of its filing.

4. Any steps taken to by pass the law will further complicate the matter.