636+ Lawyers are online 
How to dissolve my second marriage
22-Jun-2023 (In Family Law)
My friends 2nd wife filed sec 125 crpc against my friend. At the time of marriage this 2nd wife was well aware of his 1st marraige. She thought my friend will not open his mouth at court about his 1st marraige in fear of bygami case. But my friend submitted his 1st marraige certificate along with all the proofs where it shows 2nd wife was well aware of his 1st marraige at the time of 2nd marraige. Court passed a maintenance order stating that 'though the marraige is void'. Now my question is.. Is this statement is enough for dissolution of this 2nd marraige? Or my friend will go for any other legal proceedings for ending up this marraige for ever.
If ur friend had registered the 2nd marriage and have a marriage certificate,then legal order of a void marriage is legally necessary to submit it before authorities , when needed.A mere statement by a Court in some other proceedings is not enough.
Helpful?
15+
15+
Adv. Ajee Rajappan
Kollam | 25+ Answers
CONTACT NOW
duration of the 2nd marriage is impotent, and the statement is enough for dissolution is not enough. the religion is also want to know for better and accurate advice. kindly provide all the details ...then only you get a good legal advice.
Helpful?
23+
23+
Adv. Shajimon
Ernakulam | 25+ Answers
Chat
You did not mention your religion ( friends religion) in your query. In matrimonial matters religion have to play a good role.. From your query I can assume that your friend is not muslim and accordingly I am answering. Any way your question is with regard to the dissolution of marriage.. In the eyes of law, the relation ship with the second wife is not a marriage and her rank is not wife also. and hence no proceedings for dissolution of marriage is not possible also.
Helpful?
13+
13+
Adv. Hari C.G
Palakkad | 100+ Answers
CONTACT NOW
second marriage during subsistence of earlier marriage is null and void . If husband has been having a live in relationship with the lady his wife can file complaint of adultery against him under section 497 of IPC punishable with imprisonment upto 5 years . A remarriage without divorce renders the second marriage as bigamous which is an offence .
So the Second marriage is legally not existed . But in the case of maintenance or damages the things are quite different. A woman under DV Act is entitled to claim remedy in case of physical, mental, verbal or economic abuse. In addition, remedies are conferred for alienation of woman’s property and restriction from use of facilities to which the abused is entitled. The abused has been granted several rights and protections under this legislation.
So the Second marriage is legally not existed . But in the case of maintenance or damages the things are quite different. A woman under DV Act is entitled to claim remedy in case of physical, mental, verbal or economic abuse. In addition, remedies are conferred for alienation of woman’s property and restriction from use of facilities to which the abused is entitled. The abused has been granted several rights and protections under this legislation.
Helpful?
18+
18+
Adv. Ajay NS
Ernakulam | 200+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
