• Entered in remarriage without getting complete divorce decree

I entered in second marriage in 2019 without getting divorce from first wife however my divorce case runing and in final stage of ex party divorce.my second wife was working woman however she is not working currently and she is also having second marriage with me which is wothout saptpadi(7 fere).
As of now sitation is not as expected with marriage hence facing lots of trouble from this marriage also she is demanding money and she had beaten my 70 years of mother which is ever bad situation to see people like me.
1-as it is my second marriage without divorce so can she still file rape case however superemcourt already directed that such second marriage case cant be treated as rape case Couple of month back.
2-how can i come out from this hell as she is creating problems everyday even she is disturbing me to my work as i am doing work from hom since covid started.
3- she has already contacted my first wife who never
Turned back during divorce and her 498a case since she filed in june 2015.
4- my first divoce case in final stage of ex party so is there any chance to get it expedited if first wife apear as my court is in UP.
5- I contacted to one local advocate and he suggested to file DV and null and void case to cancell this mariage on basis of without 7 fere marriage.would it help me to come out from this whole scenario.
Kindly suggest me on above point by point for better understandings and suggest .
Asked 2 years ago in Family Law
Religion: Hindu

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13 Answers

Hello,

  1. 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. 
  2. 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. 
  3. If your first wife appears it can strengthen your case of nullity  of the  second marriage. 
  4. 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. 
  5. 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. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1) your second marriage during subsistence of earlier marriage is illegal 

 

2) she can file case of cheating ,bigamy against you as second marriage solemnised Suri g subsistence of earlier marriage 

 

3) your divorce case may not be expedited as thousands of cases are pending 

 

4) you cannot file petition for declaration marriage a nullity as you cannot take advantage of your own wrong 

 

5) your second wife can file petition for declaration that marriage is nullity 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

  1. Pending divorce case a second marriage is performed. First wife can file a criminal case under Section 494 for marrying again during life of time of first wife for which punishment is imprisonment up to seven years. Second woman can file criminal complaint under Section 495 for concealment of former marriage for which  punishment is imprisonment up to seven years.
  2. As your second marriage is offence, filing any divorce will amount admission of offence.
  3. As second woman has contact your wife, she may instigate her to file complaint under 494 and she may also file complaint under Section 495.
  4. An ex parte divorce decree can be set aside any time though limitation is of 90. She can file an application showing some reason and get the delay condoned.
  5. Saptpadi is not at all necessary for valid marriage. It is sufficient if both are living as husband and wife. Further, living with her you cannot take advantage of your default.

Advice: First obtain divorce from wife then deal with second woman. But if any one of them can put you in trouble if she decides. I am not trying to scare you but telling you reality.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

1. If you had sex with her then she can but depends on a facts. 

2. By pursuing you earlier divorce. 

3. You need to contest the same. 

4. If mutual then no exparte

5. It's very weird advice. 

You need a detailed telephonic advice with experienced advocate for resolving the same. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The 1st marriage still subsists and you have married again. Now you should file a domestic violence case against her through your mother.

Expedite the process of your divorce. After taking divorce from her you have to again initiate proceedings against the 2nd wife too. You may seek consultation if you want a detailed discussion and evaluation.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1.  This cannot be treated as rape because  th relationship was with consent even though the marriage is null and void.

2. You can file a petition seeking annulment of this marriage by a decree of nullity since the marriage is null and void due to subsistence of the previous marriage.

4.  If your first wife is appearing before court and contesting the divorce case then it may get dragged more and more, it cannot be expedited.

5.  You cannot  file DV case but you can file an annulment case as suggested above.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1. Your second marriage being bigamy  is illegal u/s494 of IPC hence invalid for which you can go to jail for 7 years.

 

2. Never accept the fact that you had married her without obtaining divorce from your first wife.

 

3. After you get the decree of divorce from your 1st wife, you can decide whether you shall marry your second wife or not.

 

4. You can not file a DV case but your mother can file DV case against your seco9nd wife though it is suggested to be avoided since it will divulge that you have illegally married her without getting divorce from your first wife.

 

5. Your second marriage is illegal ab-initio and you will be liable to be punished it it comes to limelight now.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear clients,
     The Supreme Court has clarified that a second marriage is valid even if divorce proceedings of the first marriage are pending in court, provided that both parties from the first marriage have amicably parted and have decided not to contest the decision.

Anik Miu
Advocate, Bangalore
8882 Answers
110 Consultations

4.7 on 5.0

punishment for bigamy is imprisonment, which may extend till 7 years or fine or both.

there is no defence as you have married during subsistence of earlier marriage 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. As per Hindu marriage Act. you cannot do second marriage without getting divorce from the first wife , and hence in the existence of your first wife and lack of a divorce decree , your said second marriage is invalid. 

- Further, for the consensual intercourse , she cannot file a rape case against you. 

2. You can file a compliant against her for harassment on the pretext of relationship 

3. Your first wife can file a petition under Bigamy Act.

4. Even if you will get the ex-parte divorce decree in your favour , then also within 3 months period you cannot do second marriage  and hence the said second marriage is not valid. 

5. If she has not got divorce from her first husband , then the relation is invalid. 

Mohammed Shahzad
Advocate, Delhi
13224 Answers
198 Consultations

5.0 on 5.0

Dear Client,

Section 494 and 495 is a bailable offence. If convicted the maximum sentence is up to 7 years in Section 494 and upto 10 years in Section 495 and fine.

Thank you.

Anik Miu
Advocate, Bangalore
8882 Answers
110 Consultations

4.7 on 5.0

The private criminal complaint under section 494 IPC can be filed by your first wife only for the offences of bigamy against you and your second wife, but she has to prove your  second marriage with documentary evidences. 

If the court is finding you guilty of the offence, the punishment for bigamy is imprisonment, which may extend till 7 years or fine or both.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

7 years is maximum punishment in 494 IPC

10 yes maximum in 495 IPC

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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