Married once but in relation with another girl and she is a pregnant

297 votes

If a man fathers another woman's child while he is married, his wife is not the legal mother of that child. As the legal father of the children born during his marriage, a husband may have custody and parenting time. He may also be responsible for providing child support and health insurance.

LawRato LawRato

437 votes

1. Bigamy/Polygamy:

   • Since you are Hindu, Hindu Marriage Act prohibits bigamy. You cannot legally marry the second woman while your first wife is alive.

   • Living together with another woman without marriage is not a criminal offence per se, but it can have civil consequences.

2. Rights of the second woman:

   • Even though there is no marriage, she may claim maintenance for herself and the child under Section 125 CrPC (for maintenance of women and children). The fact that she is pregnant strengthens her claim.

   • She can approach the family court for child support and medical/financial assistance during pregnancy.

3. Legal risks for you:

   • You cannot be prosecuted for adultery (Section 497 IPC was struck down in 2018), but financial obligations toward the second woman and child are enforceable.

   • If the second woman informs your first wife, it may impact your current marriage, and your first wife can file for divorce citing adultery as a ground.

4. Next steps:

   • Legally acknowledge the situation and be prepared to provide maintenance for the child.

   • Consider mediation or counseling with both parties to avoid prolonged litigation.

Since this involves pregnancy, maintenance, and possible divorce, it’s strongly recommended to consult a family lawyer on Lawrato to handle both the first and second relationships carefully and legally.

 

LawRato LawRato

678 votes

It’s a very complicated situation you are in. The only solution to your problem is a very tough one. You can’t marry again as long as you have existing spouse as per Hindu marriage act. Even if you marry that marriage will be considered as a void marriage and for bigamy you will be imprisoned for 7yrs. So you have to make a tough choice. If you want to live with another lady who is pregnant you have to take divorce with mutual consent with your wife that takes 6months to one year and then you can remarry that second lady and be happy with her and your child. But if you don’t wanna marrry her and if you want to compromise with your married life then pay as much compensation as possible as alumni to the second lady for her to live happily along with the child and you can live with your wife. These 2 are the only options you have because you can’t abort a child at 8th month pregnancy. It depends on whom you wanna live with.

Advocate A. R. Anagha LawRato