Dear Sir,

Nothing to worry,

Second marriage valid even if plea against divorce is pending: SC

Although the Hindu Marriage Act prescribes that it shall be lawful to marry again only after dismissal of an appeal filed by aggrieved party against the decree of divorce, the Supreme Court, however, clarified that second marriage would not be void if solemnised during the pendency of appeal.
Interpreting section 15 of Hindu Marriage Act, a bench of Justices S A Bobde and L Nageswara Rao said that incapacity for second marriage for a certain period of time (during the pendency of appeal against divorce )did not have the effect of treating the former marriage as subsisting and that a marriage contracted during that period will not be void because it was contracted under an incapacity.

Section 15 says when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. Section 5(1) of the Act says a marriage may be solemnized between any two Hindus, if neither party has a spouse living at the time of the marriage.
The apex court set aside Delhi high court which had held that any marriage solemnized by a party during the pendency of the appeal wherein the operation of the decree of divorce was stayed, would be in contravention of Section 5 (i) of the Act. It passed the order on an appeal filed by a man challenging HC verdict which had declared his second marriage void on a plea of his second wife.
The man got married the second time when his appeal against divorce from his first wife was pending in HC. During pendency of his plea, he had settled the dispute with his first wife and filed an application for accepting the divorce and sought withdrawal of his appeal. But a fortnight before the HC passed the formal order allowing him to withdraw his appeal, he got married for the second time.
His second marriage also did not turn out to be blissful and matrimonial discord between the couple led his second wife to challenge validity of the marriage saying that it was void as it was solemnised during the pendency of case in HC. A family court dismissed her plea but the HC gave verdict in her favour and declared the marriage void.
The apex court, after hearing both the sides came to the conclusion that violation of section 15 did not render marriage void and said “if a provision of law prescribes an incapacity to marry and yet the person marries while under that incapacity, the marriage would not be void in the absence of an express provision that declares nullity”.

If court has passed the order and passed 90 days than your second marriage is valid.

Kindly forward all date from divorce order till second marriage.

And she can't file rape case as marriage is performed.

Your second marriage is not valid as per the Indian law and she can definitely file a case of rape. Also she can file a case for doing second marriage.

as of now you can not take any legal action against her, she definitely has an upper hand. Make her understand things and try and get the matter resolved mutually.

Regards

Second marriage during subsistence of earlier marriage is illegal 

2) your second wife can file case of cheating against you that you suppressed facts about earlier marriage 

3) she was aware you were married and yet married you 

4) she had consensual sex no case of rape is made out 

You first take anticipatory bail in this matter. Then let her file the case. You can contest the same on merits

1. Your first wife as well as second wife can file a bigamy case against you u/s 494 of Cr.P.C. which is punishable with jail term for a maximum period of 7 years with or without fine.

2. She can also file a rape case against you alleging that you had sent her the evidence of divorce process but have told her verbally that you have got the divorce decree.

3. However, primarily you shall be charged for marrying again without getting the decree of divorce from your wife.

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law. 

-  Further , since the second marriage is not a valid marriage , hence as per law she not your wife, except a consensual relationship, for which no rape case made out now. 

- Supreme Court has held that rape charge cannot be invoked in case of consensual sex between live-in partners.

No need to worry . No need to pay her any money. 

This is not a rape case.  

This is illegal marriage of course . You can be charged under section 494 of IPC , marrying again during lifetime of husband or wife,  maximum punishment is seven years imprisonment and fine. 

Talk to your wife. She can rescue you.  After permission is given by court she can  compound the offence . Here wife mean your legal wife not the second illegal wife. 

1) apply for and obtain Anticipatory bail from sessions court in case false rape case is filed against you 

2) rely upon correspondence exchanged with your  spouse to prove it was consensual sex 

3)contested divorce cases take over 5 years to be disposed of 

4) AB should be applied for in city where case has been filed 

5) file police complaint against her for extortion 

1. She has the right to file FIR, proving that the allegations are right or false is a matter of trial before the court.

2. you can file a petition before the HC for getting the process expedited.

3. you will have to take from the district where the same is filed. 

4. entering into marriage without dissolution of the first marriage is a criminal offence in IPC. The same is not termed as live in relationship.

Regards

The  second marriage contracted without dissolving the subsisting marriage is invalid and null and void.

If the second wife is threatening and demanding a huge amount, then you may rush up to give a complaint against her for extortion even before she files a complaint against you on the said rape offence.

No doubt rape offence cannot be maintainable since yo both were in relationship and this was consensus, hence her complaint may not sustain in the trial proceedings.

1. Let the police register the FIR, you can challenge the same in trial proceedings and get it nullified.

2. Dont put the blame on the judges, you have to ask your advocate the reason and do not blame the judges for the debacle or lethargic attitude of your advocate on this.

3. You have to obtain bail from the place where the case is filed.

4. You cannot make the police understand the supreme court judgment or anything, they will not listen to your requests, you may have to face them in the trial proceedings only.

5. No, it is an act of bigamy, an offence punishable under criminal law.

During pendency of divorce petition the husband can not marry. 

She can file cheating case against you, she cannot file Rape case . 

if a couple had sex with their consent. then it will not be considered as rape.

The best way to fast track is to reach a settlement by which the Divorce can be converted to a mutual consent divorce. 

You have to obtain anticipatory  bail from the place where the case is filed.

if she file false rape case then you have to contest. 

See marriage is void though rape case is not possible as you have sent her the copy of divorce and you married in temple.so the consent for relationship is not obtained on fraud.

1. You can file quashing petition before the high court if same is not allowed you have to contest the same in trial.

Police may register FIR.

2. See you can file an application of exparte if they are not appearing the court shall decide your application. If then also they are not deciding you can press your application and can pray before court to decide the application so.you can move to.higher court.

3. From state where she files case.

4. See you can present you side of story before the police if they fail to understand same they shall register the FIR.

5. No it won't be treated live in though you can defend your case.

1.You can file writ petition. 

2.Go to HC for expedited. 

3.From the state of where FIR is filed. 

4. No

1. Your wife can file FIR under Section 495 IPC for bigamy committed. Rape case can also be filed by her. 

2. In your case the judgment of SC does not apply. If your wife sets up a case that she married you on the belief that you had been divorced from your first wife and had sexual intercourse with you believing you to be a divorcee then consent to sex is not a free consent.

3. If FIR is registered then apply for anticipatory bail forthwith.

1. You shall have to prove with evidence that it was a consensual s*x between you two. Whereas if she can produce evidence that you had told her that you are divorced then she can complain to police that you have had s*x with her by falsely telling her that you are divorced. In that case it might be considered as an act of rape by our law. So, submissions of evidence in support of both of you are very important in the instant case.

2. File a W.P. before the High Court praying for a direction upon the lower Court to expedite the matter and dispose it of within a time frame of next one year.

3. You shall have to take AB from the Court at her place which will hear the matter.

4. This matter has been clearly explained in sl. no. 1 above. Collect evidence as suggested above.

5. Marriage is called marriage and live in relationship is live in relationship. Second marriage done illegally can not be called as live in relationship since there will be existence of documents to prove that you have married her.

No you cannot be charged for rape case you have informed her about ongoing divorce case. 

You can be charged for bigamy for second marriage without divorce from first wife.