Legal Question in Family Law in India
Type Your Question Here...I work in Dubai and while my first divorce process was still going on in court i went for vacation to India and during this time i did a ceremonial Hindu temple marriage due to pressure from my relatives and friends.I was told by everyone that after i receive the divorce decree i can get my Hindu marriage registered.
Now its been long i got my divorce decree from first wife and still my second marriage is not yet registered and my second wife and family asking my ancestoral home in their name and send my parents to old age home or they threatening that they will file bigamy and cheating case on me even they knew about my past but now they behaving ignorant and being cheated.
I consulted several lawyers but got 2 different opinions.
First Opinion is that bigamy is applicable only if when the case is filed i should be still married to 2 wives which i am not as i already got divorced from first so this is not applicable whereas second opinion is i married during existance of previous marriage and second marriage is void and Bigamy always remain.
Waiting for expert opinion on this situation.
1 Answer from Attorneys
in your circumstances, she can file a complaint for bigamy as at the time of second marriage, your first marriage was still subsisting. You may have to prove that she is not the victim as she was aware of the first marriage and intentionally and with her free consent married you.