Apni Law Staff asked 3 years ago
I married a young woman in 1988, she was under 18 then. We have two grown-up children together, a boy and a girl. In 1992, we separated through the registrar office, not a court divorce. She signed a document agreeing to forgo alimony. We’ve been living apart for 24 years. I remarried in 1993 and have two grown daughters with my second wife. Now, my first wife is threatening to file a case against me under Section 494, even though I’ve been sending her money regularly for years. What should I do? Is Section 494 bailable? I’m from Andhra Pradesh. Could I claim our marriage was void due to her age or the long separation? What are my responsibilities towards our children? What about my second wife’s situation? Can my first wife file a case against her under any section? I live with my second wife. Please advise.
Best Answer
Apni Law Staff answered 3 years ago
Your first marriage was likely voidable under the Indian Majority Act, but it was not declared void by a court. You should seek legal counsel immediately to assess your options and consider filing for a divorce. You have a responsibility to your children from both marriages, and your second wife may have legal claims against you depending on the specifics of your second marriage. You should also seek legal advice for your second wife as her situation needs careful consideration.
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