Dear

You have to get divorce from your first wife otherwise your second marriage will be considered as invalid as null and void and son born out of that marriage will be illegitimate child.

You should file divorce case against first wife on ground of dissertion and mental cruelty.

Try to make settlement with her, and don`t agree of second marriage, just external affair.

IS this second marriage registered if not than call it live in , No illegality or criminal case.

settle the matter with the first one and take proper divorce to make the second marriage legal and avoid legal aspects,

See you can take defence she agreed to second marriage though directly you have agreed to second marriage which constitute the offence of bigamy.

Further see you have to take defence that you were not in contact with the wife for 6-7 years and not heard from.her.

case of bigamy is made out against you as you have married during subsistence of earlier marriage 

2) settle with your first wife and obtain divorce by mutual consent pay her lumpsum alimony 

Is 2nd marriage registered or not ?

Sec 494 does not apply to any person if the other party to the marriage shall have been continually absent from such person for seven years and shall not have been heard of by such person as being alive within that time. 

So see if there is any scope to make use of the provisions as mentioned above. 

Please share the copy of the FIR

This is an offence and the full trial will go on for the same. 

Please share the copy of the FIR for a concrete advise. 

Regards 

Divorce your first or second wife pay alimony amount 

file for quashing in HC based on settlement arrived at with first wife 

See you need to settle with wife to get rid of matter otherwise you need to contest matter.

Respected sir ..

As you have done a wrong thing better option would be that you have to convince her to quashing of FIR in high court else if she fight case strongly then you would have to collect evidence that she didn't have any contact me with a long gap of seven years ...in that it is deemed that she is died ...but you have to make sure for that that she must not have any evidence regarding your interaction...

Thank you

No, matter you can live with both wives if they are willing to live together and your capabilities to provide food, clothing and shelter plus mental trace.

You first marriage will be valid and second marriage will be void. If you want to have your second marriage as valid than you have to take divorce from first wife.

Hi, 

You have two options.

1)

If you don't want to go through hardship of court then it would be better for you to contact your first wife and try to convince her to compromise with you and with the permission of court, your case can be disposed off easily. 

2) 

If your first wife doesn't want to compromise, then in that situation, you have to take care that, she should not get proofs related to your second marriage. Because in 494, in court, your wife has to prove that, you have performed second marriage.

Hope you have understood...?

Thanks&Regards 

Dear Sir,

It is better to fight in the court as denying the second marriage.

As per Hindu Personal laws a second marriage without ending the first marriage would be null and void.

If a Hindu Man or Woman wishes to remarry while their existing spouse is alive the only way to go about doing the same is to get a valid divorce.

It is preferable in fact to get down to a negotiating table and negotiate the terms of any potential maintenance, alimony, custody of any children if any, jointly owned property or jointly held accounts.

The couple can then approach the Family Court jointly and file a petition for mutual divorce together which is much faster and more convenient than filing a petition on any contested grounds like the marriage has broken down beyond repair.

1. A crime even if accepted by your wife can not be covered for life time and hence complaint after 2 years is valid and on registration of FIR you can be arrested and tried for bigamy.

2. So settle the dispute with her amicably , may be in lieu of money and get her complaint withdrawn . Else on prooff of your second marriage you may convicted for the offence of bigamy and sent to prison.

Now you need to contest the case and prove your earlier marriage illegal or present marriage not existing

Without divorce second marriage is an offence under section 494 of ipc. 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. The same is punishable under Section 494 and 495, IPC.

better settle dispute amicably with first wife and file mutual consent divorce and pay her alimony. 

You cannot continue relation with two women simultaneously you need to divorce your first wife or your second marriage will be considered as null and void 

As per law, contracting second marriage during the subsistence of previous marriage is an offence under section 494 and punishable up to 7 years of imprisonment.

Now since she has filed the case agaisnt you, better obtain anticipatory bail and challenge the case in the trial proceedings.

Aster a little later when the trial commences, you may better talk to her and settle the matter and arrive at an out of court compromise settlement. 

She is the legally wedded wife hence she can very well file a petition under section 494 IPC for bigamy against you.

If she wants to come fora compromise then you may get a compromise deed written from her at least this time so that she may not trouble or torture you in future.

- As per the Hindu Marriage Act, 1955 , any subsequent marriage after the first one is declared as a void marriage.

- Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. 

- A Husband is entitled to seek divorce or judicial separation in case the wife is living away from him without any reasonable cause.

- Since, she was not living with you for more than 4 to 5 years , hence you have good ground to contest the case filed by your first wife , and further you can file divorce petition on this ground as well . Further you should use this reason of separate living for the cause of Second Marriage. 

- Firstly, try to obtain anticipatory bail and challenge the case in the trial proceedings, and you should also try to settle the dispute finally with your wife . 

- Convince the first wife to take divorce on mutual consent.

Good luck and dont forget to rating positively.

Dear Sir,

If offence under Section 494 is proved then you will be in trouble. Better to settle the matter now itself and get B report that is no case report from the police and close the issues once for all.