My husband has remarrired

Hi Vaishali,

Please clarify first your wish like "I am tired of this fight. Though I don’t intend to divorce him and want to be legally wedded wife. If I don’t approach the court for restitution of conjugal rights or if I don’t file a case of bigamy, or If I remain separated , is there any chance that he may get divorce in future. Also I wish to adapt a child..Should I get permission from my husband to adapt."

Now tell me , 1. do you want your husband back ,are you divorced now with him?
                         2. Since when he had done second marrige and from when he is living with her second wife.
                         3. Whats your intension towards second wife? what will she do when you ask her to run away?
                         4. Do you want to accept both your ex-husband and his second wife legally?
      Please answer these for your point of views                    

No I am not divorced. supreme court has dismissed his appeal for divorce from me. he is remarried with second wife from 2008 soon after divorce was granted in lower court , even within 30 days of appeal period and his marriage to this women is null and void

yes I desperately want my husband back

He is my husband , and I want to be with him , the second marrige which he has contracted has occurred after divorce was granted in the lower court during thesusistence of  appeal period30 days.. however subsequntly, high court and supremecourt have given verdict in my favour.. I am not bothered about his second wifes reaction  wheather she wants to run away or wants to be with him.as she is another women  and I am his first wife. yes I am tired of fighting as I have seen three courts already . the verdict from supreme court came in 2010... should I go back to the court again to file a bigamy case or restitution of conjugal rights .. or to chase her out  or to beg him to take me back.

You can't have your cake and eat it too. Decide what you want and act accordingly. After what your husband has done to you all these years, you still have a desire to live with him. You are a large hearted person. God be with you.

Ok, so still love your husband that is very good thing. But did you ever tried to contact him personally to know what is in his mind, whether he wants you or do he love you too.
First ask him what he wants because you already did court fights and nothing personal realtion can be resolved from court.

Try to meet him personally and  hersecond  wife also if they are still together but one by one to all.
If he has still feeling for you or you both want to forgive eachother and wants to live together then no one can stop you.

If Above all gets failed then approach to court, but try to meet personally first with the help of close friends or relatives.

@Author

You can put your greviances before the court for tracing and serving the summons to your husband.

Also you should immediately put a case of maintenance. This will help you make the court serious because he would run away from you and the court would order no-bailable warrants against him for non-appearance in the maintenance case. As your divorce decree has been set aside by Supreme Court so you are safe now.

Your husband cannot marry within 1yr after the divorce is granted by lower court. There is a limitation period of 1yr before someone can re-marry. The next marriage is void ab initio.

//peace

/Saurabh..V

The place of your husband is not in your heart but in jail for 7 years under bigamy.  No amount of persuation and no amount of coercision from the lowest to highest of the courts in India can force unwilling spouse to remain with his spouse in conjugal relationship.  Never file a case for RCR.  Because, it would give him one more opportunity to get divorce one year after passing of the decree in your favour, on the ground that the decree has not been complied with.

Do not show any mercy against him.  You have no need to talk to him or his "other attraction" because the former is the offender of law and the latter is offender of the morality.  The "other attraction" is not his second wife and do not give such a status to her. 

Action to be taken:

1.  File Domestic violence case.  In this case seek the relief of residential order to live in husband's house  (If husband will be put behind the bars for bigamy, even then you have the right to live in-laws' house as husband has the share in such property), protection order and maintenance order along with interim relief for maintenance.

2.  File bigamy complaint in police station. If police will not be entertaining your complaint approach magistrate for lodging FIR.

3.  After filing of domestic violence case,once husband appears he comes before you with compromise deed.  There, in addition to your other demands, you can get his consent in writing about adopting a child of your own choice.  As long as marriage subsists, his consent for adoption is required.

4.  In Domestic Violence case, the notices are served through police.  If you are not in a position to get it served on him due to lack of information about his present address, you have to engage a detective to find out his present address, so that notice/summons can be served. 

Final advice:  Buck up, do not get tired.  If you will find a good advocate, your visists to court will be minimized.  If you tire and abandon the courts, the injustice gets triumph.

@Adv. Chandu

I wish to draw your kind attention to the below comments:

The place of your husband is not in your heart but in jail for 7 years under bigamy.

2. File bigamy complaint in police station. If police will not be entertaining your complaint approach magistrate for lodging FIR.

How the remarriage is valid? And if it is not valid then how is it bigamy?

In my understanding, the marriage done before the limitation period for appeal is void ab initio. Then how a case of bigamy could be made out? Though a case of cruelity under 498a (for having physical relations with another woman) could be made out as the man is still legally married to @Author.

//peace

/Saurabh..V

In fact in supremecourt ,he admitted that he his second another womenis carrying amd he submitted registered copy of his second marriage.is it not sufficient to prove his bigamy

Vaishali, I was reading your earlier posts. If one of your earlier post you were asking whether timeframe for filling appeal is one month or three months. you also said in the thread that you filled appeal after 30 days.

In this thread you are saying that your husband remarried  within thirty days. Clearly  things are not tying up.

Divorce is legal process - where things goes by set rules - each country has its one rules. By one act of oposite party one may get divorce in one country but not in another -- so just mere indian court has said that his case is not liable for giving divorce - it does not mean that he should live with you. NO FORCE IN THE WORLD CAN FORCE TWO PEOPLE TO LIVE TOGETHER.

I am not saying all these to dishearten you. I am saying thisso that you can  do self introinspection - what were the reason that you people were incompatible? Clearly it is not an inherent problem in HIM as he is happily married with another woman and no problem has happened between them. You need to identify the issue in you that caused all this problem and honestly ask yourself whether you can get rid of that bad habit. If you can say a resounding YES. Then only it makes sense to explore whether you two can live together - otherwise you are trying to make yourself more tired and in the process fill pockets of advocate.

Vaishali,

Your husband don't want to live with you and remarried. That ends story rest are just papers. You can keep Supreme court decision in photoframe.

Now decide what you want to do in your life spend rest of life in courts or look forward for better. Better lets him live with other girl, any way he is not ready to live with you.

Better you also look some one else and settle down, otherwise only advocates will make money.

Even if you charge for bigamy, you can't live with him.