Cases when second marriage is legal
3 years ago
For instance ‘x’ person married some old man (that old man brain washed her by giving some valuable gifts and by influencing her by telling if you marry me you will get Visa and permanent residence within 6 months and you you will earn better than here ect ect) though it’s a marriage for the purpose of visa he has done all the proper documentation from his side to prove it’s a genuine but after 2-3 years of trying that x person didn’t get visa approved & that old person was helping financially, so after some days she decided to ignore and abroad dream and marry someone and settle here, then when she said this to that old person he started to ask back what all he has helped and x person agreed to his condition & made a list and decided to give(but not yet given) and now that old person telling I’ll not sign the papers because it may take 3/6 months or 1/2 years.
Now my question is as follows:
1. What if that x person got married already without the knowledge of old man, can he file a case against that x person?
2. What if he already got a doubt now she has married someone else but he waiting to know full picture of the story, then what can he do?
3. What if he knows that she already married, then what can he do?
4. Can he able claim what all he gifted before & after the marriage (marriage for visa purpose).
5. Here person x has all the necessary documents and voice records to prove that he/she is innocent, then what the old person can do?
6. What all the remedies or ways that x person has to come out of the situation now?
It’s nice case study I really appreciate everyone suggestions, thank you
Ankur Goel @ Complete Law Shield
Responded 3 years ago
that old person is out of india ?
you have to take proper divorce. you can take ex-parte divorce. no need to return anything.
without divorce 2nd marriage is void and it is also criminal offence.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .
Narvir Yadav
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
If X is legally wedded wife of that old man, then she will have to file a case for divorce against him. Otherwise, second marriage will result in the offence of bigamy.
If X was legally married with some man, then before marrying someone else, X has to divorce her first husband and then remarry as otherwise it will result in bigamy.