I Abandoned my wife 3 years ago and married another women
3 Answers
Dear Client, As per your query,
The legality of a second marriage depends mainly on your personal law and whether the first marriage was legally dissolved. Simply abandoning your first wife does not end the marriage legally. Since your name suggests you may be Christian (though that must be confirmed) .
The Indian Divorce Act, 1869, states a second marriage is not valid unless the first marriage has been legally dissolved by a court decree of divorce. The correct way to resolve such an issue would be to file a divorce petition from the first wife in the appropriate family court. For further guidance, you can contact the OLQ Team.
Dear Client,
If your marriage is as per the Indian Laws, and you have not taken a divorce for your first marriage, your second marriage is illegal or void ab initio in India, as monogamy rules apply in India and do not permit bigamy. This shall apply if your marriage was solemnised under any of these laws: the Hindu Marriage Act, 1955, the Parsi Marriage and Divorce Act, 1936, the Indian Christian Marriage Act, 1872 or the Special Marriage Act, 1954. The dissolution of your first marriage will be required, which can be done through the grant of divorce by the Court, as abandonment does not automatically dissolve the marriage. This may attract Section 82 of the Bharatiya Nyaya Sanhita, which deals with the offence of bigamy, specifically marrying again during the lifetime of one’s spouse. If your first marriage has been declared void by any Court having the lawful authority, this Section will not be attracted. Hence, if you seek to validate your second marriage, it is essential to divorce your first wife.
An exception to the offence of bigamy is under the Muslim Marriage Laws, if your first marriage has been solemnised as per the Muslim Personal Law (Shariat). It allows for bigamous marriages, and through this law, your second marriage shall remain valid and legal. It, however, has certain conditions attached, that both wives must be treated equally, and the consent of the first wife must be present for the second marriage. If you have any further queries, please feel free to contact us.