Want to terminate the second marriage which is not registered

515 votes

Hello. Rituals performed under Arya samaj Mandir is considered a valid marriage though it doesnot make much difference if couple has not get it registered. If couple mutually want to end this relationship than they can go for mutual divorce. Thank you.

Advocate Preeti JD LawRato

627 votes

However,it may depend on circumstances but all the sections from 493 to 498 IPC can be invoked on male. But if you don't have such dispute with the 2nd one,then your wife or his first husband can implicate you in BIGAMY. her husband can also implicate you in ADULTERY. Best thing will be you go for divorce under 13B (mutual consent) not disclosing about your respective first marriages. Registration will not be an issue int. If relation between you and 2nd wife becomes sour then she can even implicate you in RAPE case and 420 IPC.

Advocate Vishal Sharma LawRato

702 votes

The second marriage is null and void ab-initio and so there is not need to take divorce. Children born of second marriage are entitled to a share in the property of their father though the second marriage itself is void, the Supreme Court has held.
If a person marries a second time during the subsistence of his first marriage, children born of the second marriage will still be legitimate, said a Bench consisting of Justices S.B. Sinha and V.S. Sirpurkar.
Writing the judgment, Mr. Justice Sirpurkar said the law was clear that the second wife who was cited as the nominee by her husband to claim the benefits arising out of his employment could claim succession certificate in favour of her children. However, she would not be legally entitled to receive a share from her husband’s property.

Advocate Dharam Pal Jindal LawRato