Can I file a suit for declaration for my second marriage as valid? Wife of first marriage is threatening to take legal action against me when he knew about my second wife. I am in love with my second wife and after taking her consent I married in local temple. We both are happy but when the first wife came to about it she has been consistently abusing and threatening me on phone. Due to fear I am not resuming my job. She is very cruel and can cross any limit to harass me. I am thinking about declaration of my second marriage from the court.
Asked from: Haryana
It appears from the facts of your case that you solemnised second marriage while the first marriage was still subsisting. Therefore, the second marriage is void. You should know about the conditions of a valid marriage. It is established fact and it also appears from your admission that your first marriage is surviving or prevailing.
Section 5 of the Hindu Marriage Act, clearly and explicitly prohibits solemnisation of second marriage while the spouse (wife or husband) of the first marriage is still alive. Therefore, your second marriage is invalid under the provisions of Hindu Marriage Act.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: (i) neither party has a spouse living at the time of the marriage.
Section 5(i) Hindu Marriage Act
You have knowingly solemnised second marriage in the subsistence of first marriage. This act amounts to an offense of bigamy. Your first wife can initiate criminal proceedings against you under Section 494 of the Indian Penal Code.
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 494 IPC
Therefore, in the prevailing circumstances declaratory suit is not maintainable. You should try to settle the dispute with mutual understandings of both wives. Don’t think about filing a suit for declaration of second marriage valid. This marriage is void, hence, you have no efficacious legal remedy.
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