Legal Question in Family Law in India
Legal santion/validity of Bigamy in Goa/other Indian state
My friend is a separated man (almost last 9 years). He is a NRI. He is unable to get divorce as he is not in country and various other limitations. He has no issues from this marriage. He wants to marry another girl from India. Is there a way in state of Goa or elsewhere where law permits him to go ahead with second marriage without asking to divorce his first wife. Will his second marriage have legal standing if its registered in Goa? What would be the procedure in that case and what would be second wife's legal standing after marriage in terms of financial inheritance from her husband? Will first wife cease to have any legal rights in this case. What legal and financial status will the children have out of this second marriage. Please advice if any other way/option is available to him under present circumstance when he is unable to adopt lengthy procedure to divorce his first wife. As he wants to marry second time at the earliest even if it can be registered in Goa or any other Indian state where bigamy may not be a legal offence. Pls tell the procedures for the same.
2 Answers from Attorneys
Re: Legal santion/validity of Bigamy in Goa/other Indian state
Second marriage without getting divorce from first wife is illegal which will invite several prosecutions in criminal cases like bigamy,adultery etc.
Re: Legal santion/validity of Bigamy in Goa/other Indian state
the gentleman is free to enjoy a "live-in" relationships and does not have to undergo the rituals of a "legal marriage" and its registration which is barred in law; the children from this new relationship can inherit his property if bequeathed in their favour by way of a will; otherwise, the first shall inherit his estate; however, they shall be entitled to maintenance even if they are not off-springs from a legal marriage. for any more questions, please feel free to write or discuss. No charges.
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