Legal Question in Family Law in India

Separation

I am 33 year old (male) From Bangalore.

I have married in 1999 and have girl kid. Due to some differances, I have separated from my wife and staying separatetly. I have not taken a formal / Lagal divorce from my first wife. Now I am staying in Pune and working in Pune only.

Now, Suddenly I have met a women in Hubli while travelling. Eventually she became close and shared all my side stories. Ironically she also married and separated from his first husband (She has a boy kid). Now she has been put up with her parents.

After some communication we moved closure and reached a conclusion that we can live together. I met her father, mother and bother.

WE did not come to a conclusion as we both are not legally divorced.

Now my questions are as shown below.

1.Is that I am eligeble for marraige with other women..?

2.Can I marry this women I mentioned in my above note..?

3.She wanted to join me against their family wishes. Will this creat any problem (LegaL)..?

4.If her Brother complaints to police that, Under what clause I will be booked...?

5. She wanted to join volatierly at Pune (Leaving Hubli) and want to stay with me (With out forceful)..?

6. What kind of Police / Legal problem will arise out this situat


Asked on 1/16/09, 11:39 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Separation

Bigamy is a criminal offence under the indian penal code. A hindu with a living spouse cannot marry again. so divorce is a pre condition for you to marry this girl. In absence of that you will not be Husband and wife but at the most it is live in arrangement.

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Answered on 1/16/09, 1:19 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Separation

1) No if your first wife complains you can be punished for bigamy under IPC.

2)Same as in 1)

3)She can't join you as your wife

4)you can be booked for bigamy and may be kidnapping

5)you will have to prove the same.

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Answered on 1/19/09, 3:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Separation

1. No. You are not eligible to marry unless your first marriage is dissolved by court of law.

2. No, you cannot marry this woman till she is divorced.

3. Yes, it has serious legal complications.

4. You may be booked under adultry.

5. It may not be proper for you to permit her joinig you. May cause serious legal problems and you may even have to suffer criminal trial leading to a jail term.

6. There may be more than legal problems. Both of you should first settle the issue with your spouses amicably and then consider about living together.

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Answered on 1/16/09, 9:20 pm


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