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Nitin Buchda   30 October 2015

Please advice me for this matter

Hello all the senior experts present here

I filed a case of divorce against cruelty against my wife 3 years before due to some problem ( as NBW was issued against me at that time)  me and my lawyer was not able to attend that second date and immediately judge dismissed that case On the basis of (Dismiss in default). Marriage that we both had. I have no proof since it was very simple marriage I a local temple which had been arranged by my Wife and all the arrangements was done by her. Only two pundits and one more man which was unknown to   me but was known to her was present. Later on I came to know that she was already married with someone and had divorce with him 3 years back, I asked her about it, then she told me now we are married so what is the point of that now. Since then relations between us is not so good as it was before then on one day we had a fight so I called on 100 and police came then by a mutual understanding we both agreed to live together, on the DDR of police station they mentioned that as both the husband and wife are ready to stay together peacefully and decided to go back together at their home, that DDR was signed by me, her and her brother. Then as her brother also came to our house somehow I recorded a video in which he and she both are saying as you are married now so don’t fight and live together peacefully. Lately she again started fighting on very small issues, so I left the place and told her I need some time to get out of it and start living with one of my friend. One day I was surprised to found out that she filed a case against me u/s 376, 377,506 and one more section and as per my information she hadn`t gone for medical test for this. She also mentioned in FIR that I made a dirty MMS of her and started blackmailing her to have physical relations with me by drugging her with some intoxicated substance. Now I had anticipatory bail from honorable high court, only on the DDR copy that we signed I front of the police inspector which was present at that time in police station.  No charge sheet had been filed since then, So my query is that how can I get rid of all this problem and can I get married or if not can I have a live-in relation with someone by taking her in full confidence and assuring her that I will marry her after all this settle down. Please enlighten me for this. Will be very thankful to you.



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 6 Replies

Nitin Buchda   30 October 2015

Now she also filed a case section 11 of HMA which is also pending in court

saravanan s (legal advisor)     30 October 2015

Though she had married without disclosing the earlier divorce to you her marriage  with you is legally valid.so you can't remarry without getting divorce through court. Though you cannot be punished for a live in relationship with a unmarried girl it might lead to unnecessary complications

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     31 October 2015

 Your marriage is very much legal and to walk it of this marriage you will have to file a divorce petition either by mutual consent or singly. Your filing of divorce petition 3 years back and it's dismissal by Court for default, does not affect your right to re-file a divorce petition in the same court. Further having a live in relationship during pendency of your divorce case can adversely affect your case, as this amounts to bigamy. Also your wife's petition under section 11 will not stand as there is limitation clause of 1 year of marriage within which a petition under this section can be filed.

Nitin Buchda   31 October 2015

Mr. Saravanan thanks a lot for your valuable response 

please can you put some light on the unnecessary comlication can be happed in this case that you are talking about. secondly as a pending case against me for section 376. 377 are also there can it will also effect that????

Nitin Buchda   31 October 2015

Ms. Adv. Vandana Vaidya

I am in regular contact with my lawyer for this case, i asked him to refile this Divorce case as a fresh and  as i got bail on the document and this time we will follow that case on a serious note. so he told me your case was dismessed on that rule by which you cant refile it again in any court, is there any rule of law which prevent me to file a new/fresh case if previous one had been dissmissed in default. ??????

Nitin Buchda   01 November 2015

Please anyother Adv give some opinions towards this Query

will be thanked a lot


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