1 Answer
Dear client,
Because you're still married to your first wife legally under Christianity, you're second marriage to your Hindu wife is not valid under Indian law. By virtue of the fact that you were married originally under Indian law, you cannot marry again until your first marriage has been legally terminated. This could amount to committing bigamy, which is an offence.
Additionally, your first wife, if she is unable to support herself, could seek to claim spousal support from you in any event, even though you have been living apart from her for some period of time. Until you are legally divorced from her, she will remain your wife and she is legally entitled to maintain spousal support in any family law court.
In order to obtain a divorce from your first wife, as you were married under Christianity, you will commence divorce proceedings under the Indian Divorce Act, 1869 or at least under the guise of the Indian Divorce Act.
There are two means to obtain a divorce:
A mutual consent divorce, in which both of you agree to apply jointly for divorce in family court (usually takes a minimum of six months).
A contested divorce, in which you will have to apply for a contested divorce on one of the grounds that are set out in the Indian Divorce Act, such as cruelty, desertion, etc.
Until you obtain a divorce order from the Indian Court you cannot legally get married again; therefore, it is crucial to consult with a family law attorney right away to find a way to legitimize your situation.
If you have any query please feel free to contact us