Me and my wife having second marriage after first notary divorce
3 months ago
Me and my second wife marry to each other. We both had first marriage and devorced from first marriage through notary(on 300 stamp paper). We both knew that our first marriage is divorced through only notary at the time of our second marriage and we both do not have decree of divorce.
And we did not hide regarding first marriage/devorce from eachother.
Now we have one girl child aged 13 months.
Now me and my second wife having disputes and she filed 125crpc, dv act, section 9 cases against me.
Can i file case for declare our second marriage as null and void as we both do not have decree of devorce from first spouce?
As we both aware of about our previouse notary divorce at the time of second marriage, can she file rap allegations against me if i go for annullment of marriage?
A.Dear Client,
In the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the condition of Sec.5(1) of the Hindu Marriage Act, 1955 and termed as void marriage as per Sec.11 of the Act. Accordingly, any dispute or claim arising out of said void marriage is neither admissible nor maintainable either in law or in fact. A couple living together without divorcing their previous spouses does not qualify as a "live-in relationship" or a form of marriage and this constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code that attracts punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on crime severity. A married woman cannot enter a domestic relationship with another man under Section 2(f) of the DV Act. The status of such a woman may be of concubine or mistress and would not entitle her to protection under DV Act. Further, without being a legally married wife, she cannot file a complaint of rape invoking Sec.375 of IPC that defines Rape and in the exception clause, it is provided that Sexual Intercourse by a man with his own wife, who is above fifteen years of age, is not rape. This section deals with rape, in a very narrow purview, which lays that, an offense of rape within marital bonds only stands if the wife is below the age of 16, once the age is completed there is no legal protection provided to the wife under this section.
In the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the condition of Sec.5(1) of the Hindu Marriage Act, 1955 and termed as void marriage as per Sec.11 of the Act. Accordingly, any dispute or claim arising out of said void marriage is neither admissible nor maintainable either in law or in fact. A couple living together without divorcing their previous spouses does not qualify as a "live-in relationship" or a form of marriage and this constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code that attracts punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on crime severity. A married woman cannot enter a domestic relationship with another man under Section 2(f) of the DV Act. The status of such a woman may be of concubine or mistress and would not entitle her to protection under DV Act. Further, without being a legally married wife, she cannot file a complaint of rape invoking Sec.375 of IPC that defines Rape and in the exception clause, it is provided that Sexual Intercourse by a man with his own wife, who is above fifteen years of age, is not rape. This section deals with rape, in a very narrow purview, which lays that, an offense of rape within marital bonds only stands if the wife is below the age of 16, once the age is completed there is no legal protection provided to the wife under this section.
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A.Dear Client,
Generally, marriages are considered void if one or both parties have a living spouse at the time of the marriage, irrespective of the method of divorce. However, the specific legal implications can vary based on local laws. If both you and your second wife were aware of the previous notary divorce during your second marriage, it might influence the legal stance. Regarding the possibility of rape allegations, that depends on the circumstances and the legal system's interpretation. Seeking legal counsel promptly to assess your case and understand the options available to you is advisable.
Thankyou
Generally, marriages are considered void if one or both parties have a living spouse at the time of the marriage, irrespective of the method of divorce. However, the specific legal implications can vary based on local laws. If both you and your second wife were aware of the previous notary divorce during your second marriage, it might influence the legal stance. Regarding the possibility of rape allegations, that depends on the circumstances and the legal system's interpretation. Seeking legal counsel promptly to assess your case and understand the options available to you is advisable.
Thankyou
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