Legal Question in Family Law in Indiana

second marriage

Me and my wife both are married for the 2nd time. I am legally divorced from Ist wife and having one son from Ist wife. My present wife is divorced thru Panchayat which we came to know after marriage that she is not divorced thru court. We have not got any dowry etc from them. My wife tries to blackmail me emotionally for taking care of my son and gives threats for suicidal attempts if things dont happen acording to her. Her parents are fully supporting her. Pls advise how can I take preventive legal protection if she atempts to do anything wrong with her so as to dominate herself in the family or they try to lodge false complaints for dowry or cruelity as she keeps on repeating these things. Can this marriage be challenged in court since she is not legally divorced and there is no issue/child from this relationship. Pls also advise how my parents can be protected, although they are living separate in my hometown.


Asked on 12/18/08, 3:48 am

5 Answers from Attorneys

Vishwa Arya Arya & Co.

Re: second marriage

Yes your wife was not lawfully divorced and married you while her marriage with first husband was not dissolved in accordance with the law. Since your parents are living seperate and there was no dowry, parents are anyway pretected. By the way, were the parties aware about the first relationship and your son.

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Answered on 12/18/08, 2:15 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: second marriage

You may seek a declaration that her second marriage with you, without legal annulment of her first marriage, is void in law; however, you may still be required to make payment of the maintenance allowance.

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Answered on 12/19/08, 7:49 pm
ujwala mandgi anantmandgi&associates

Re: second marriage

Your marriage is not valid and you can file for declaring the marriage as null and void as your wife's fisrst marriage is still existing.

your parents are not staying with and hece she cannot file false dowry harrasement against them,

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Answered on 12/18/08, 7:18 pm
Nandita Haldipur Haldipur Associates

Re: second marriage

Your marraige is not valid you can file for nullifying the marriage, if they are living in home town away from you generally she cannot trouble them but in case she files case you can immdiately apply for anticipatory bail for them

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Answered on 12/18/08, 11:26 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: second marriage

Hello.

You may file divorce on ground of cruelty.

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Answered on 12/18/08, 3:55 am


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