You cannot remarry during subsistence of earlier marriage
your second marriage would be illegal
Hello, if i am married - what are the legal ways to give wife's status (and surname) to another woman?
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Under the Hindu law, being married, you cannot give wife's status and surname to another woman, your wife can file criminal case against you for bigamy. Hindu law does not permit marriage, you can convert to a muslim and marry once again, but this also would be considered illegal by your current wife. So divorce her and get married to this other women.
Can we get affidavit from first wife and her father providing NOC for the second marriage?
- 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.
- If,you get affidavit from first wife and her father provide you NOC, even though you cannot do second marriage legally, and give her wife status and surname.
You can marry under special marriage act and if your first wife didn't complaints against you under bigamy section than its ok.
See the other women though through name change procedure get her name changed though the marriage shall not be considered valid as per the hindu marriage act.
No such affidavit from first wife is maintainable or accepted though only first wife can file case of bigamy against you.
Hindu Marriage Act the option of having more than one wife so in your case until and unless you get the divorce from your first wife you will not be able to maridi second wife and the position of wife cannot be given to the other woman so it will be good for you to file a divorce petition and get the divorce from the first wife to get married to the other one without divorce in case you get married then you may be punishable under section 494 IPC for bigamy
If you have married one woman but want to give the status of wife to another woman, it will be considered an illegal act under the provisions of section 494 IPC for the offences of bigamy, because you cannot marry another woman during the subsistence of your marriage and your spouse living.
Even if she is giving permission or her father giving NOC for second marriage, it is an offence of bigamy for which anyone can file a criminal private complaint under section 494 IPC against you and if proved you may be convicted along with your newly wedded wife with upto 7 years of imprisonment.
1. You cannot give status of wife to anyone other than your wife during the subsistence of your marriage.
2. To confer such status is a recipe for disaster in as much as you will be liable to criminal prosecution for the offence of bigamy.
Dear Sir.
It is better to take divorce from first wife and then get marry the second wife. Otherwise it is a punishable offence.
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
You cannot legalize an Illegal act through an Affidavit and NOC, despite obtaining this, your wife or her father can still file a criminal case against you for the second marriage.
If you are very confident that your first wife or her family members will not object to your second marriage, then go ahead and get married, why do you need an affidavit or NOC.
1. There is no way you can give wife's status to another woman without marrying her.
2. There is no way you can marry another woman without divorcing your wife legally.
3. If you marry another woman without divorcing your wife through Court, you shall be charged with then offence of bigamy u/s494 of IPC punishable for imprisonment for a maximum period of 7 years with or without fine as decided by the Court.
1.Only decree of divorce passed by the Court of law can allow you to legally marry another woman.
2. If your wife is agreeable to give you divorce, then negotiate with her and jointly file a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing and thereafter you can remarry.
Second marriage, during the subsistence of the first marriage, is illegal under hindu law.
only muslim husband can give second wife status legally.
there is only one marriage concept under hindu law If anyone performed second marriage during the life time of spouse without getting legal and valid divorce .that marriage will b null and void and also a punishable offence both under hindu law .
The only way to give another woman the status of your wife and surname is to get a decree of divorce from court, otherwise you will be committing an offence under section 494 of the Indian Penal Code of bigamy.