Hello,
- U P High court has the other day has refused bail in a case u/ s 376 IPC on grounds that if Maangbharai is performed, it does not matter whether satfera was performed or not. It would be held that you made a false promise to marry when you were still married.
- Merely because sat fera was not performed, you can not get the marriage nullified. The reason for nullity can be that you were still married to another woman while you married another woman. So your marriage to the second woman is not a valid marriage. You can apply for nullity, however it won't absolve you from offence of promise to marry and rape.
- If your first wife appears it can strengthen your case of nullity of the second marriage.
- Even if you are at the stage of final hearing of the divorce petition in an exparte proceedings, if your wife turns up, the court can grant her a chance to defend with some cost.
- You can apply for nullity only on ground stated above. DV case is out of question as it will have counterproductive effect of recognising her being in a domestic relationship.