Re marriage or live in relationship
Sir, I am 57, married for last 35 years, having 2 daughters and 1 son. Both daughters are well settled in other cities. Son has finished studies and waiting for a job.
Though my spouse is a housewife but she never does any activities of house hold cores. She belongs to a Zamindar family, she says these are job of a servant and accordingly has never done anything. Previously my mother and sister use to do it. Now sister is married and mother expired. My wife stays in another room as she is not able to have sex for last 10 years. She had uterus removal and there after having lot of disturbances.
Sir, my life is hell as I am forced to earn for 10 hours and thereafter cook, dust, wash and do all other household chores. When asked for cooking or etc. she threats of police action and court action. Whole day she moves around the tantric and mantriks but never does anything at home.
I have to cook or get meals from hotels. I cannot afford servants and cooks for these activities. Sir, at this circumstance can I re marry any lady or go for live in relationship as she won’t divorce me. She is just blackmailing me of legal consequences. If possible please help me with legal advice.
I shall pay the fees also but please help me.
Asked in Family Law from Jamshedpur, Jharkhand
You cannot remarry without a divorce or no live in- relationship possible while you are a married man.
It is unfortunate that you are in ill-treated by your wife.
You can file for a divorce on cruelty grounds.not doing any household work especially not cooking if your wife is an able bodied one is cruelty.it troubles you because you are not able to afford a servant .
If you start a living in relationship there will be expenses and problems from your wife and the lady with whom you plan to live with.
So file for divorce and fight to prove that your wife is cruel and desert you from conjugal life which is your right.
1) you need a servant not a wife
2) you cannot remarry during subsistence of earlier marriage
3)wife would file case of bigamy against you under section 494 of IPC
4)if you have live in relation ship wife can fie case against you under 498A for continuous acts of cruelty
5) your best option is to keep part time servants for cooking , washing and other household chores
2nd marriage is not permissible under the Hindu Marriage Act. Marrying again without obtaining divorce is inviting troubles. Living relation is risky as your wife may calm adultery bigamy etc., Better to obtain divorce from concerned family / district court on the grounds of cruelty, not fit for marital life etc.,
Dear Concerned ,
Be bold go ahead and file a Divorce on the basis of Cruelty on you (not doing domestic chores and not having sex falls under cruelty) . She can file domestic violence but if your son deposes in your favor you need not to worry.
Best of Luck
To remarry you have to first obtain a decree of divorce from the court as bigamy is impermissible among the Hindus. To be able to get divorce there has to be a ground for filing a petition for dissolution of marriage such as cruelty, adultery or desertion. It is not cruelty on the part of the wife if she does not cook or washes utensils or does household chores. The only way out for you seems to be mutual consent divorce which takes only 6 months as opposed to contested divorce which takes years to conclude.
1) Under Hindu Marriage Act, having a second marriage is illegal and having a live in relationship may end up in an adultery case being filed against you.
2) Also the children are grown up and the daughters are settled. Your son is also on the verge of settling down, which shows that you have struggled all through your life (single handedly) in ensuring the well being of your children
3) Any such activity with out divorcing the first wife (second marriage, live in relationship) may seriously impact the future of all of you.
4) Since the conditions have turned worst and you are suffering great injustice better go for a divorce as she cannot file any dowry case against you ( please be informed that there is no dowry case if the marriage has subsisted for more than 20 years) and also there can be no court action against you on the grounds of domestic violence etc.
5) Better to go for a divorce on the grounds of irretrievable break down of marriage and irreconcilable differences.
Hope this helps
you cannot get second marriage in the subsistence of first but there is no legal bar on taking a mistress or live in a live-in-relationship(dr. a. n. mukherjee vs sobha chatterjee 1998 ALL.) . but that lady should be trustworthy because she may file false case against you.
second marriage during subsistence of earlier marriage is null and void . Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.
Without divorce second marriage is an offence under section 494 of IPC. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard.
First you have to file divorce under the ground cruelty.
You cannot marry another woman during the subsistence of your marriage and the spouse is living.
It will be treated as an act of bigamy punishable upto 7 years imprisonment under the criminal laws.
If you want to have relationship with another girl, nothing in law prevents you from keeping a relationship with an unmarried woman, but remember you should not marry her.
If your wife threatens of some legal consequences you may ask her to go ahead, because there is nothing that she can make a complaint about you as you both have been living together all these years and at this there is no question of dowry demand or any other type harassment from your side to her.