• Second wife blackmailing while first marriage divorce in proces

I had married a Muslim girl under Special Marriage act. But we separated . Soon after I married a Hindu girl,  just eloped with me because she was being forced to marry a boy she didnot want to (Not legally or under Hindu Custom). Now , I told her my situation and I am going through Mutual Divorce procedure with my First wife which has final date in November. Since , knowing the fact of my first marriage my second partner started blackmailing me if i dont fulfill all her wish she will File case against me.

1)Now she actually filed case 498a and 494 against me in Police station . Tomorrow i will have to give Statement in police statement. Since, i dont know what i will have to say to make the case in future in my favour. I would like to get advice from you about my choice of words in the statement. Should i deny of being married in second time as there is no evidence.

2)Also would it affect my divorce with 1st wife since we both want it mutually and get rid of it soon enough ??
Asked 3 months ago in Family Law from Guwahati, Assam
Religion: Hindu
1) you should deny that you have married the second time

2) the factum of marriage has to be proved by second wife 

3) i presume there was no wedding invitation cards printed nor there are any wedding photographs

4) i presume that there are no witnesses to the alleged marriage

5)it would not affect your divorce with your first marriage 
Ajay Sethi
Advocate, Mumbai
23143 Answers
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You have committed the offence of bigamy by remarrying during the subsistence of your first marriage, which entails an imprisonment of up to 7 years on a successful prosecution. Now engage a local lawyer and act according to his instructions. If the FIR gets filed then apply for anticipatory bail so that you do not land in jail.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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you can say that she was staying with you as live in partner

2) furniture was brought by lady as her contribution . to the house wherein you stayed with her 

Ajay Sethi
Advocate, Mumbai
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Like the cases especially in ur case there is a big issue which law has termed as bigamy. It means marrying other if u have not get legal divorce from ur frst spouse. 
To be very much clear indian law supports ritual marriage. U cannot deny directly . The thing u can do is mark application against the girl and try to file a counter case against her. Like she has done theft or she has forced u in emotions to live with u. I can give u some more options.
U can contact me
Shivam Sood
Advocate, Ludhiana
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From what you have described it would be very difficult for your wife to prove your second marriage with her. You should therefore be in denial mode regarding second marriage and subjecting her to cruelty (498A)before police. 2.The onus of proving her second marriage with her lies on your wife under bigamy (494 IPC ).3.your second motion on mutual divorce petition will remain unaffected by these cases by second wife so long as she does not back out from giving consent for divorce. 
2.Neighbours witnesses of her staying with you can at best prove live in relationship  but not bigamy. 
Sushil Jha
Advocate, Patna
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The neighbours can testify as witnesses against you. If it is proved that you were living together it can be construed as marriage.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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1. You are running a risk of getting behind the bars for 7 years for marrying her when you already have a wife,

2. so, you shall have to state that you have never married to any other person except your wife,

3. It appears that you had not informed the second girl that you are already married before getting eloped with her,

4. If your wife (you have only one wife, not 1st and/or the 2nd wife)   can file a complaint of adultery against you which is also punishable with jail term,

5. If you say that you have not married the second girl, then you shall have to answer as to why and how you have eloped with her and staying together as husband and wife (The fact which the second girl will prove easily),

6. You shall have to prepare yourself to answer the above question to be raised by the police,

7. it will be prudent on your part to amicably settle with the 2nd girl in your interest so that she can ask police not to press the matter since she has settled the dispute with you.
Krishna Kishore Ganguly
Advocate, Kolkata
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1. As pointed out in my earlier post, the police will ask as to how and why are you staying with an adult woman in a separate residence as husband and wife for last 8 months being elped with her,

2. Your denial of having married her will be countered by the police with the above question which will severely go against you legally,

3. Try to settle amicably with her as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1)Now she actually filed case 498a and 494 against me in Police station . Tomorrow i will have to give Statement in police statement. Since, i dont know what i will have to say to make the case in future in my favour. I would like to get advice from you about my choice of words in the statement. Should i deny of being married in second time as there is no evidence.
 
Bigamy laws may   not be applicable to Muslim male, you can confirm this quoting appropriate provisions of Muslim personal (Shariat) laws in this regard while giving a reply to the police.
The marriage alleged to have been solemnized with another Hindu girl may not come under section 494 being a Muslim male since you have married a Muslim female earlier, you can clarify this too from your own advocate.
For the present you can take AB and give a statement to police denying the allegations and then challenge her case in the court.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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