• Second marriage without divorce

Hi Everyone,

Need your valuable suggestions!!

I got married in 2017 and lived with my wife only for 7-8 months. Since March 2018 I am not living with her due to her cruel behavior and threats of succide. 
I don’t want to live with her, and with all the ways she is not ready to give divorce, even If I file divorce that will anyways going to take 6-7 years and so on..

I have 2 questions

•	I have someone in my relative who is ready to marry me, understand its not legal but will try to hide. In future if I caught by my first wife then what could be the legal proceedings and how easy I can sort this out, and what will court decide whether to live with first wife or second ?
•	I am not living with my wife from last 3 years, Is there any law where If wife husband not living from last 5-7 years then that marriage will be dissolved. If yes, then what is the process ?

Please suggest..

Thanks
Asked 5 months ago in Family Law
Religion: Hindu

12 answers received in 1 day.

Lawyers are available now to answer your questions.

15 Answers

You cannot remarry during subsistence of earlier marriage 

 

2) your first wife can file case of bigamy against you under section 494 of IPC 

 

3) you can file for divorce on grounds of desertion as wife has refused to stay with you for continuous period of 2 years 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

By marrying another person during the subsistence of your marriage is an act of bigamy and an offence under criminal law under the section 494 IPC.

The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.

Bigamy is a non-cognizable offence.

The period of separation shall never be a reason for a marriage to be automatically dissolved .

The dissolution of marriage can be made only by a decree of divorce by a court of law and there is no such  system that since you both are living separately for years that your marriage can be dissolved automatically. 

As per  Hindu code, only the first wife is a legal heir of the husband while the second wife is not entitled to any share in the ancestral estate and, if the husband has died without leaving a will, even in his self-acquired property. Once the second marriage is declared null and void, the wife concerned cannot even claim maintenance as a matter of right.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. Remarriage without lawful divorce from first marriage is a crime as well under section 494 IPC.

2. THEREFORE first obtain a decree of divorce from court and then remarry. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

The 1st marriage still exists and hence the law doesn't recognize the 2nd marriage. The second marriage is void.

If the court or your wife finds out then you may be imprisoned as 2nd marriage is an offence.

Your wife may demand and get higher alimony and maintenance in case she finds out about the marriage.

There is no law like that. But 3 years or more are sufficient to file a case on grounds of desertion and cruelty. 

Divorce doesn't take 6 7 years. It takes 1 2 years.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Dear Sir,

 First police register FIR on the allegations of your wife about bigamy. Thus you will be restrained from going abroad. Try for mutual divorce by giving some alimony.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Dear Querist

My opinion on your queries as under: -

 

1. After the filing of divorce if you are going abroad for your work then your advocate can appear on behalf of you and your personal presence is not required at each and every date. You may appear before the Family Court even through Video Conferencing.  there is no restriction to travel abroad if any case is pending against you, you will get the permit easily.

 

2. If you will live with other women as Live-in relationship and caught by your wife then she cannot do anything against you as the offence of bigamy will not be made out against you, for the offence of Bigamy, a second marriage is mandatory and without any proof of second marriage, she cannot file any bigamy case against you. she may file a divorce case against you based on adultery.

she may file a maintenance case against you under section 125 of Cr.P.C. if she is unable to maintain herself. or she may file domestic violence complaint against you and your family members and claim protection, right to residence, monetary relief, child custody if any and compensation under section 18,19,20,21 & 22 of The Protection of Women from Domestic Violence Act-2005.

 

Feel Free to Call

 

Nadeem Qureshi
Advocate, New Delhi
6084 Answers
287 Consultations

4.9 on 5.0

You are at liberty to travel abroad during pendency of divorce case 

 

2) having live in relationship does not amount to bigamy 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. The divorce case will not be an obstacle for your travelling to a foreign country.

Moreover without divorce of the first marriage, the marriage proposed now with another woman would be a greater offence which would ruin your future itself.

2. Don't ever think that you can manage to deceive your wife by not revealing your second marriage to her.

If at all she is prudent enough she will somehow collect evidence and would take steps to prosecute you for the commission of the said offence.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. in divorce suit attendance on day to day hearing is not mandatory.

2. Your old age is no excuse to commit a crime. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Hello,

  1. Your having filed for divorce does not stop your travelling abroad. As such you do not have to attend the court on all dates and besides you can make virtual appearance to deal with the situation. If your wife is agreeable for divorce there is always a possibility of divorce by mutual consent as well.
  2. In any case, the marriage cannot get dissolved by long years of separation;it has to be by an order of the Court either as a result of petition for divorce by consent or contested.
  3. When you have legal provisions to deal with the situation, if you are looking for easier ways, you may get away for some time, however if there is no closure to the first marriage, the rights of the wife will persist with respect to maintenance, alimony and rights of inheritance in case of your death.

S J Mathew
Advocate, Mumbai
3339 Answers
157 Consultations

5.0 on 5.0

1. Marrying again for the second time during the lifetime of your wife attracts punishment U/s. 494 IPC - 7 years in jail. Naturally second marriage done during the subsistence of first marriage will be declared invalid.

2.  You can opt for contested divorce under the ground that, she has deserted you for a continuous period of more than 2 years (in the instant case 3 years) immediately preceding the presentation of petition.

 

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

Hi,

First of all it is advisable that you talk to your wife and decide for a mutual divorce. Even if she does not agree you can still file for divorce on the ground of cruelty and living separate for 5-7 years. The court will grant you divorce eventually though it may take time. During this time, if you get an opportunity to travel abroad then this divorce case will not be an hinderance. For the purpose of attending cases you can give your lawyer the authority to act on your behalf. Now if you marry then there will be some kind of proof like pictures that you have married while your marriage with first wife is still valid. The second marriage will be rendered as invalid and in future your second wife or children will not get any benefits of being your immediate family. If you are caught then your present wife can file separation on the basis of adultery and claim maintenance. 

You can book a consultation with me for further discussion. Please rate my answer and give review if you found this helpful. 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

The law doesn't recognize the 2nd marriage during the subsistence of the 1st marriage. Under Hindu Law 2nd marriage is a bigamous act under section 494 IPC if 1st marriage continues. your wife can file a case of bigamy if you marry a second person. You have to take divorce first.

Having living relationship doesn't amount to bigamy.

You are not living with your wife for the last 3 years, you can file a divorce on grounds of desertion and cruelty. 

Divorce case generally takes 1-2 years.

Anuranjan Patel
Advocate, Patna
9 Answers

Not rated

Divorce petition is a civil remedy and hence you may travel abroad. But if lodges criminal cases against you then it is a problem. Divorce would take 1 -1.5 years.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

she can file bigamy case against you thats it 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer