• Second marriage

I am a Christian married and have two sons, 63 years old retired engineer. Both my sons are settled. My wife is 60 years and suffering from psychiatric illness since 30 years and my first son is taking care through the money I send him.
I found my relative woman 52 years old, single willing to be my life partner if I give her a legal wife status. 
My wife cannot understand anything due to her illness and divorce notice won't serve a purpose. 
How can I get my relative lady as a legal wife or atleast give her a second wife status. 
Your answer is highly appreciated.
Asked 4 years ago in Family Law
Religion: Christian

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17 Answers

You cannot marry lady during subsistence of earlier marriage

You can have live in relationship with the lady which is akin to marriage

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You cannot marry second lady on compassionate grounds

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Firslty, Sir, as per the law of marriage in India with respect to Christians would also remain same as of Hindu.

Secondly, you may have some illicit relation with someone, but you can’t marry her without giving divorce to your first wife.

Thirdly, as she is very ill since long time, and now she can’t even understand the world around her.

Fourthly, you move a divorce petition on the compassionate ground itself, may get it may not.

Fifthly, as of now there is no such law for getting married for the second time.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Unless and until you dissolve your first marriage, you can not legally marry for the second time.

2. Since your wife is competent to take service of summons of divorce suit, there is no legal hindrance to serve the summons to her.

3. Now whether she would contest the case on her won or through her constituted attorney it would be her choice.

4. Fortunately law goes by the settled provisions of it and not by sympathy. If that is so then you would have never allowed to remarry taking advantage of illness of your wife.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have to first gift divorce to your wife on whatever Grounds available then only you can married legally

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since your first wife is legally wedded wife you cannot marry second wife in her life or without giving divorce such marriage wont be valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can divorce her on her ground of unsoundness of mind under Indian Divorce Act and further can marry the second lady. But there is no such ground of compassion marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can't marry this female without giving a divorce to your first wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Should you remarry without giving divorce to your first wife, you could be charged for the offence of bigamy.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

The personal law prohibits polygamy among Christians and as such if you marry second women then the same becomes a crime as per the Indian Penal Code.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the first wife does not understand anything then you may go ahead and live with the second lady but she will not get the status of a legally wedded wife.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You can not marry or the second time without obtaining a decree of divorce from the Court.

2. You can file the divorce suit on the ground of her developing insanity and then send her the notice accordingly.

3. After marrying for the second time with the said lady, your ex-wife can stay with you for which there will be no legal bar.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Without divorcing your present wife, you can not marry again as has been explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Unless your first marriage is legally dissolved, you cannot marry another woman on whatever ground.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

As per law you cannot marry another woman during the subsistence of your marriage and the spouse living.

Since your wife is a psychiatric patient you may file a petition for divorce mentioning this and attach a medical certificate to this effect, you can implead your son who is taking care of her as a second respondent to represent her in the court on her behalf.

Do not do the mistake of marrying another woman, however there is no restriction to live with that woman without marriage.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Is there any compassion ground in law tat I can marry a second woman legally and what are the requirements?

There is no provision in law for that.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. You can neither marry her nor assign the status of second wife to her unless you divorce your wife.

2. There is no compassionate ground. Since you are a Christian you are governed by Indian Divorce Act. Under Section 10 of Indian Divorce Act a petition for divorce can be filed if the other spouse has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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