• For second marriage

Sir I am a married man and i love a girl from my school days but under the odd pressurization of my parents i had to marry someother girl, the girl whom i loved and even love till today is all alone. I told about her to my wife and told her that i want to marry her.
I want to ask if my wife give consent in written or verbally that she is agree with my second marriage.
Then is it possible to get marry to the girl i love.
I also want to ask i have no child from my wife even after 5-6 years of marriage in this case can i get marry to the girl whom i love.
Asked 8 months ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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20 Answers

You cannot marry during subsistence of earlier marriage 

 

only after obtaining divorce can you contract second marriage 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

1. Firstly, the second marriage is not valid in the existence of your first marriage, you have to divorce your wife legally to marry the second time.

2. Secondly, your wife after written consent also may file a case of bigamy against you for the second marriage. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
130 Consultations

5.0 on 5.0

Hello,

  1. There is no legal validity for your second marriage even if it is with the consent of the first wife or for the reason that you have no children from your present marriage.
  2. A Hindu can remarry only after the divorce from the first marriage or after the death of the spouse.
  3. If you still go ahead and marry, your second marriage will be invalid and she will not get the rights of the wife legally.

S J Mathew
Advocate, Mumbai
3183 Answers
134 Consultations

5.0 on 5.0

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnised 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, if you will marry with your live girl , then the said marriage 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 , then the said girl will have not status of wife legally,  except a consensual relationship, for which no rape case made out now. 

- Further , as per Section 11 of the Hindu Marriage Act, second marriage with the consent of the first wife is void , and the consent of first wife has no value in the eye of the law.

- Hence, you cannot marry with her legally even your wife gives you her consent for the same. 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

1. If your present wife gives you the permission in writing to getting married for the second time without divorcing her, then you can marry the girl, who is in love with.

2. The reason that your wife did not beget a child for you will not be a legally valid reason.

Shashidhar S. Sastry
Advocate, Bangalore
3473 Answers
201 Consultations

5.0 on 5.0

Hello, 

Any subsequent marriage without dissolving the first marriage is illegal and void, even if you get written consent from your wife. 

But if mutually every one is agreeable then you may do the same but the same will remain to be illegal and invalid. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
323 Consultations

5.0 on 5.0

Yes,Definitely. 

You may marry second woman during the life time of first wife. 

The second woman will have no status of wife as per Hindu law but her children will have rights and share in your property. 

You will have no problems until your first wife trouble you. Your first wife may charge you adultry and bigamy if she wish to do it after you get married with your dream girlfriend School Girlfriend. 

If you keep happy your first wife you won't have any problems after your marriage with second girl.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Without marriage, second marrige is void. Her consent has no value. You can have live in or marry but do not disclose.

Having no child is not the ground to marry other girl without divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
21436 Answers
31 Consultations

4.4 on 5.0

Remarriage without divorce renders the second marriage as bigamous which is an offence. With the commencement of Hindu Marriage Act, 1955 (HMA), one of the condition provided for a valid for a valid marriage was that neither party should have a spouse living at the time of the marriage. If you want to marry that girl then only option is to divorce first wife. In our country to get a divorce one needs to prove certain grounds for eg: cruelty/adultery/desertion etc. known as matrimonial offenses

Ajay N S
Advocate, Ernakulam
3766 Answers
80 Consultations

5.0 on 5.0

You need to first divorce your first wife to legally marry her otherwise your marriage will be illegal

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

Second Marriage will be void until you get divorce from your wife.

Pradeep Naik
Advocate, Indore
13 Answers

5.0 on 5.0

Even if your wife permits you to marry again , the second marriage will not be valid.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2916 Answers
6 Consultations

4.7 on 5.0

In Hindus bigamy is an offence. If you marry her that marriage is not valid ie null and void.

Your first wife can file a fir against you and you can be jailed.

She cannot give consent however you may take divorce from her.

Rahul Mishra
Advocate, Lucknow
12142 Answers
29 Consultations

5.0 on 5.0

Before dissolving your  persistent marriage by a decree of divorce through a court of law, any marriage contracted subsequently shall be null and void.

The second wife shall not be entitled to any rights in you as your legally wedded wife even though your first wife gives her consent to you to marry this lady during the subsistence of your marriage with your first wife.

You can take the consent of your wife in writing so that she do not file any complaint against you at a later stage for the acts of bigamy.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

For getting legally married again you need to take divorce from your wife. Your wife's consent for second marriage will not make your second marriage legal

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Bigamy is an offence and an offence cannot be committed even with the consent of someone.

2. Under Section 494 IPC the offence of bigamy is punishable with an imprisonment of up to 7 years.

3. You can divorce your wife and then remarry this girl.

Ashish Davessar
Advocate, Jaipur
30308 Answers
888 Consultations

5.0 on 5.0

Even if you obtain consent of your Legally Married First Wife for second marriage, it is not legal.  You have to get divorce from your first wife and marry your Love.

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

The Hindu marriage laws, does not permit the second marriage during existence of the first marriage and in this circumstances, you are suggested not to go for the registered marriage, rather you can go for the customary marriage and have the written consent from the wife for this. 

Ganesh Singh
Advocate, New Delhi
6616 Answers
13 Consultations

4.5 on 5.0

Hindu Marriage Act does not recognize second marriage during the existence of the first marriage. Therefore in case you want to marry for the second time you will have to obtain a divorce from your wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

1. No second marriage under hindu marriage act is not permissible even if first wife is ready to give consent for second marriage.

2. You need to get divorce from first wife if you want to marry the girl you love. 

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

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