Legal Question in Family Law in India
I am an NRI and was married to an American in USA and later we got divorced.My parents who live in India without knowing about my earlier marriage arranged a marriage for me with a Indian girl who lives in India.I was very clear with the girl before marriage and informed her about my past and told her my divorce is in process so i cannot get married to her but she said its fine with her.I got a divorce from my American wife a month after i got married to the Indian girl in India as per HMA.
Now after our marriage she wanted all my property to be transfered to her name which i did not accept also our marriage never got consummated.
Now she and her family wants a huge sum as compensation for divorce and also says i was cheating them also she is not ready to accept that i told her about my previous marriage.
Now if i file a case saying the marriage before getting legal divorce is invalid then i may get in trouble of bigamy.
I am in deep trouble so need some help.
4 Answers from Attorneys
you can not claim that marriage before the legal separation is invalid since you are the accused. Secondly Begamy has no connection here. Divorce proceedings will be as usual
You don't have to panic. You have to wait till your wife does something and then decide. If you try to do something now you will be in a further mess. If you want further clarification and advice you can contact me in my mail [email protected]
as far as offence is bigamy is concerned, your divorce process was on and the earlier marriage was not solemnized under hindu marriage act. however, you need to retain a lawyer and let him peruse all the documents so he is able to defend you and your family members.
It is true you can not say about your earlier marriage.
What I would suggest that as per your question both of you husband & wife are ready to go for divorce amicably, therefore you both should sit together with you Lawyers and get everything settled.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW