to marry with other woman since wife is at her patent home

Querist : Anonymous (Querist) 03 December 2009 This query is : Resolved
Hi,

my wife is not living with me from almost two years. i have send her notice to come back. but they come up with the divorce option. Me and my wife applied for divroce under mutual consent. But now for second motion she is not appearing. I have given her mentenance at the time of first motion also gift returned. I have all proofs. Its almost 2 years so i dont want to wait now.

In case if the court declare it null then my intention is to marry with another woman. Can you please advice what action will my wife take against me(like proporty, Maintenance etc). Also in my absence how will i protect my old parents from 498 or like mahila mandal. Also to mentioned her name is in my passport, so what if i have to travel abroad for work?
we have no child. what if i am ready to live with her without child. Is there any chance of getting tagged under any act

Is there any other u can advice to overcome to this.

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Raj Kumar Makkad (Expert) 03 December 2009
Wthout getting formal divorce, you cannot re-marry if you are a Hindu. She can file civil as well as criminal cases against you after having the knowledge of performance of such remarriage by you. If she has not moved to the court on second motion then let the petition die/dismissed and then file a petition seeking decree of divorce on the ground of cruelty then you cannot get the desired results. If you have created any cruelty then definitely you shall have also face 498A etc.

prakash vathore (Expert) 03 December 2009
if ur divorce petition is pending then wait, unless and untill u got divorce u cant marry again. for rest of the things i agree with mr. makkad

adv. rajeev ( rajoo ) (Expert) 03 December 2009
during the life time of the Ist wife you cannot marry second wife if your are HIndu.
You said divorce petition is pending, unless you get divorce you cannot go for second marriage.

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