Legal Question in Family Law in India

Validity of NOC from First Wife
I am a hindu,married and have a 4 year kid. I have nt been living with my wife since 4 years, the reason is i am in love with a second woman before marriage till now and my wife even knows about her, i tired my best to convince her for divorce bt she never agreed just because of social status, knowing the fact i am in very much love with another woman (even she has agreed to issue me NOC for my second marriage provided i will be giving her a fixed amount every month, plus will have to visit her once every month so tht in the eyes of ppl n society eveything would be normal.

Though i knw my second marriage would nt be legal, bt wanted to know once i marry again after getting the NOC, can she after tht in future put charges against me for bigamy even though the marriage would be performed after her written consent n upto her knowledge.

Please advise can she put me into any legal troubles in future.

PS: Even the second woman knows about my marriage and everything so nothing is hidden from anyone.

Asked on 4/29/08, 4:59 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Validity of NOC from First Wife

The written consent for re-marrying, while first marriage is still subsisting, may not hold good for future as it is not a legal document; there cannot be any consent against statute. your second marriage will remain invalid for all purposes;

the only method for you to marry with the other woman is to obtain divorce from your first wife.

Answered on 4/29/08, 8:10 pm

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Sachin Sangare Private Practise

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Re: Validity of NOC from First Wife

Your wife's NOC wont hold any ground for your second marriage. The only method is to get a divorce decree granted from the Family Court on mutual consent. You need not disclose the divorce to the society. For benefiting your wife and child, file consent Terms in such a way that there are clauses for financial support for your wife and child. Once you get the divorce, you can remarry.

Answered on 4/29/08, 11:13 pm

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