1. 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 that lady will not treat as your legal wife, except a consensual relationship, for which no rape case made out now.
2. The Supreme Court in the matter of Sarla Mudgal v Union of India, has held , that conversion to Islam only for the sake of solemnizing a second marriage without dissolution of the first valid Hindu marriage will not invalidate the first marriage. In fact, the second marriage will be invalid.
- Hence, if you convert to Islam , only for getting marriage with that lady , then that will be not considered you legal marriage.
-. As per the Supreme Court, When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.
- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.
- Further, the children born to live-in relationship are considered legitimate and enjoy all property rights due to them. They have the right to self-acquired properties of parents under the Section 16 of the Hindu Marriage Act.
- No, wife cannot file any case against lady.
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