• Second marriage without divorce

I entered in second marriage in 2019 without getting divorce from first wife however my divorce case is decided 3 month back and got ex party divorce degree but 498a case is still running and going to complete 7 years in june22 .my second wife was working woman however she is not working currently and she is also having second marriage with me which is without saptpadi(7 fere) but had a garland ceremony.
As of now situation is not as expected with second marriage hence facing lots of trouble from this marriage also she is demanding money and i have voice recording for the same and she had beaten my 70 years of mother who was hospitalized 15 days before and it is ever bad situation to see people like me. Now I am expecting your suggestion on below points and would appreciate if any other circumstances which i need to face during this fight. 
1-How to get it close my 498a case which is running from 7 years and first wife never attended and date post filing charge sheet so completely isolated from first wife. 

2-as it is my second marriage without divorce so can she still file rape case however she was aware the same fact at the time of marriage.

3-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 home since covid started.

4- she has already contacted my first wife so how can my first wife can create trouble for me in 498a case.

5-Second wife is staying in my own flat for that I am paying EMI so what if I start staying some other place then how to remove second wife from my flat or she can get ownership of my flat.

Kindly suggest me on above point by point for better understandings .
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1. Move an application before the HC and get the matter expedited so that the trial can conclude within a specified time. 

 

2. No 

 

3. This you will have to do mutually 

 

4. If she is not pursuing it since 7 years then I don't think that she will create any problem now. 

 

5. She can not get ownership of your flat 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

  1. You need to contest the case and win or get it compromised with her consent. There is no shortcut. Her case is prosecuted by public prosecutor. Her presence is required only at the time of giving evidence.
  2. Rape case is difficult to stand, she can file a complaint for cohabitation with her caused by deceitfully inducing a belief of lawful marriage under Section 493 of Indian Penal Code, 1860 in the background of existence of previous marriage.
  3. You need to settle with this lady. Any legal problem with her will land you in further trouble.
  4. The ex parte divorce is not final as she can get it set aside even after limitation of  90 days by showing some cause.
  5. If you admit her as wife, she is entitled to stay in the flat, if you deny her status as wife you are open to charge under Section 493. The best option is to settle out of Court with both of them.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1)498A  cases take 10 years to be disposed of 

 

2) second marriage during subsistence of earlier marriage is illegal . she can file case of bigamy against you . 

 

3) take the plea that there was no valid second marriage . only garlands  exchanged . 

 

4)first wife has to prove allegations of dowry harassment

 

5) second wife has right to stay in said flat . she can seek injunction restraining you from selling the flat . you cannot evict her 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

In the 498A case file a discharge application before the court. It will dismiss the charges as she hasn't appeared. At the time of second marriage the 1st marriage was still subsisting and therefore you can be accused of bigamy by the first wife and tge second marriage is null and void but as you have obtained divorce now the second marriage may be legalised.

If she was aware then she cannot do anything.

First wife can take this issue to court and raise hell. Although the court has granted the divorce but this act of yours comes under cruelty.

She doesn't have any rights over your property. Ask her to move out for maintenance etc. Give it on rent. Stay in a rented accommodation until you sort things out.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Firstly move an application in the said court for deciding the case after closing her defence , and if rejected, then approach the High court to quash the FIR . 

2. Legally, she is not your wife , and without getting the divorce from first wife , the second marriage is not valid 

- Further, no rape case made out for consensual relationship / sex 

3. Your mother can file a compliant under the provision of Domestic Violence Act against her for the said harassment.

4. Since, she is not appearing before the said case , then follow the reply No.1

5. Legally she cannot get ownership of that flat on any ground , but if she is living in relationship with you for longer period then she can claim residential right from you. 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

2. No

3. You can file police complaint

4. Generally she can't trouble you. 

5. She can't get Ownership if you give her maintenance or money for alternative accommodation she will leave 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Dear Client,

1. In order to end a case, it is necessary for you to provide necessary evidences and convincing contentions of your innocence to help  conclude the case.

2.If second wife married you knowingly that you are already married to another woman legally and entered into a consensual marital relationship with you, hence, she cannot claim to have been raped.

3. If there is too much chaos or disturbance, you may file for judicial separation with your second wife to cool off the situation.

4.As it is only your second wife who has beaten up your mother and thereafter contacted your first wife, this information is not sufficient to understand why or what could be their future course of action.

5.For this issue also judicial separation might be a good option.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

1. Your first wife is a defacto complainant hence her appearance before court in the criminal court is not essential, the court may proceed without her presence except at the time of recording her evidence as prosecution witness.

If she is not appearing before court continuously, then your advocate may insist the court to dispense with her evidence if her whereabouts are not known.

2. No

3. 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. The first wife may not be able to pursue her previous marriage or the divorce case if she is not interested in this anymore.

5. You can issue a legal notice to her to vacate the premises stating that she is not your legally wedded wife hence she is considered as an unauthorised or illegal occupier or trespasser.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. If you seek direction for an expeditious trial through high court,  the high court may pass an order to complete the proceedings in six months time. 

2. This fact should be brought to the notice of court during trial proceedings. 

3. If you stop the loan repayment then the lender may take legal action to seize the property for auction sale to recover loan amount as per procedures of law 

4. You can take a decision consulting a local lawyer on this suggestion made to you. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1) HC would not expedite the hearing and final disposal.there is no urgency made out 

 

2) second marriage during subsistence of earlier marriage is illegal 

 

3) you can stop paying EMI 

 

4) you can send notice to wife to vacate the house 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

The period be calculated for trial of 498A

If you are hindi then before divorce you can't marry other woman

If you stop then bank will take action against the said flat

You can send the notice if you desire

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

 

  1. It can drag for years, cases filed in 2010 are running in some Courts/
  2. Right to file criminal complaint under Section 493 is right granted under law to first wife, she can exercise it under all circumstances. Second wife is not entitled to file such case.
  3. When EMIs are stopped, secured property will be attached and auctioned by lender.
  4. Though, she is second wife, she is entitled to all protection under DV Act. Her right includes right to reside and claim monitory relief. Any notice will establish your intention to evict her which  will be used by her against you for residence order.
  5. It is difficult to deal with one recalcitrant woman, your faced with two. There is very little space in law for you, settle the dispute out of Court.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1. High court will not take much time to dispose the case , and hence file an urgent application with the petition of quashing the FIR 

2. If a man deceit a woman to believe her that she is lawfully married to him and believing that she cohabitates and has sexual intercourse with him, then the man is said to have committed the offense according to Section 493 IPC.

- Further this section , there should be cheating for doing sex, hence as you have already informed her before the marriage ,then this section cannot apply in your case. 

3. Yes, you can adopt this way

4. There is chances to reaction 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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