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Tejal (house wife)     05 April 2012

General notice in news paper for not to marry her husband.

I have seen a general notice (warning ) in news paper in which lady spouse has given warning to her husband & others that" "the person is married with me & because of some reason we are leaving seperated. & he & his parents are insearch for a wife. So if any one will marry with my husband i'll file a case Against all the involved person for the adultry under section 494.""

1 .Is it right and posible to give a warning like this in news papers?

2. Can husband and his family file any case regarding this as wife wants to stop her husband to remarry ?

3.It is regarding to me. " Can i stop my husband to visit abroad without filing any cases against him as he told me that he will go to USA in visitor visa and will marry with a USA citizen searched by his USA citizen sister, without giving a divorce to me.& never return back to india.?" I know it is not possible to marry like that but even though i want to ask regarding this.Can i make a complaint in police station or passport office that he is saying me like this so pls take his passport" ?& can i give a notice in news papers which i mentioned above like that lady?.



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 25 Replies

rajiv_lodha (zz)     05 April 2012

There is no end to insanity, u come across!

But as far as legal stand, no offence made if such newspaper notice appaers. Its like publishing "I will charge mr xx with sec 323/ 324 if he hurts me". Chap! u are telling here to take legal recourse if mr xx induges in some illegal activity....thats all.

regarding next point, u can restrict somebody from foreign travel by these measures!

Dr J C Vashista (Advocate)     06 April 2012

No Hindu can marry again during subsistance of marriage, if marrying again, you can stop and file complaint u/s 494 IPC.

Advertisement in newspaper is not a marriage, wait and watch. 

How can you stop your husband to visit US

Adv. Chandrasekhar (Advocate)     06 April 2012

1.  Newspaper advt. - if he does second marriage, it is not adultery but bigamy.  one can publish such advt. without attracting defamation, but that will not serve the purpose of the wife except to fulfill her revenge. do not expect that every one reads such classified columns in the news papers.  the proper remedy is, if the wife feels that he is going for second marriage, she can get injunction from the civil court.

One has to understand the four elements involved in criminal act.  The first one is intention to do criminal act, the second one is planning, the third one is preparation and the fourth one is execution.  In 99% criminal cases, if the criminal executes the crime, he is punishable.  In 1% cases, even preparation itself does not constitute offence.

In the above case, only intention on the part of husband is anticipated and it is not crime.  In these cases, even planning and preparing bigamy, then also, it is not an offence.

 

reply to second part of question is:

just apprehension in the mind of the wife will not enttitle her to pursue the concerned authorities to impound his passport.  The proper course of action is to file domestic violence case and there convince the judge about his ill motives to go to USA and get the passport impounded. 

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     06 April 2012

Assumtions and presumtions hold no water. Don't boil ur heads.

Mr. Sam, be cool man


(Guest)

OR YOU DONT HAVE ONE TO WORRY ABOUT .....lolz :) !!

Tejal (house wife)     06 April 2012

Thx chandu sir.

@ sam.

In my case my husband & his family asking 20 laks in both case weather i live with him or divorce him.Means if i want to live with him i must pay 20 laks & i want a divorce from MCD & get rid from him i must pay 20 laks. & if i dont fullfill their both the condition , they torturing me that he will go to USA on visiter visa & get  married with a citizen girl & never came back. & he 'll live me alone in india with his name for a lifetime as i have changed my marital status as a married every where.

Is this really posibele?

I dont have any option , to get a rid from him i must have to file criminal cases against him & also divorce on ground of cruelty.but i have my exams in MAY & i am afraiding he took a visitor visa his parents already have the visa & he is planning to move on. so i want to stop them going out of country untill my exams got finished.

so pls guide me if u know any option.


(Guest)

visitor visa   .... which is temporary  ?? DO you think is it possible to leave his name for lifetime ?? Please go and file the case but you should have solid grounds to prove your alligations or it may backfire on you too !! So be truthful and handle situations by being genuine ~~~  


(Guest)

For your info ... its not hard for a woman to get a ex-party divorse ... Are you after divorse or compensation ??? 

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2012

Dear Tejal,

You are not officially divorced,but  living seperately.I feel what you have done by way of an advertisement is good to curtail him from marrying again,without officially divorcing you.What is this 20 lakh business?Is it part of dowry or is it something else? You say you have to pay him whether you live with him or divorce him,confusing.If you are sure that he is going to do as per your query,don't hestitate to file 498 A and DV Act immediately.Why should face mental torture alone?Consult a good lawyer who is well versed in family related cases.

1 Like

HK_Jain... (498a Fighter)     06 April 2012

Respected Experts

Please dont suggest any more to her.

she is sick. She is harrasing her in-laws & husband.

kindly read her previous posts first to suggest any more.

https://www.lawyersclubindia.com/forum/Re-Re-What-is-the-best-option-for-woman--53020.asp

https://www.lawyersclubindia.com/forum/Re-Where-to-go-file-dv--53705.asp

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2012

Dear Hemant,

We can't keep track of different threads used by querists,for posting the same query in a different way.Anyway it is our duty here to provide remedy according to the query posted.We cannot investigate the authenticity of the queries to know the actual facts.I can come to a conclusion only after thouroughly going through the above two threads given by you.Thank you for the timely information.

Tejal (house wife)     06 April 2012

@Mr. Hemant .

Pls Read the threads carefully . it is not about me but for some one else.

@ Mr. Sainath.

I have not done the advertisement . but i read it in news paper posted by other lady.so i wanted to know is it good or harmfull.

& i m afraiding if he leave the country without divorcing me than he will spoile my life as well as other girl's life by doing a illegal marrige to her.so i want to stop him before may as i donnt want to go in the court before my exams.. i m not sure may be he is saying this for extorting money only that i'll be afraid & will give him 20 laks to get a divorce from him or will be ready to live with him by giving money to him.

@ same

I think my hubby has been changed by gender. so he asks from me maintainence , & alimony. even though they sent me back to my home to bring 20 laks as a dowry or give him a divorce . when i agreed for divorce they are asking same amount to get divorce by MCD.otherwise he will leave me as a married woman  in india so in future i can not engage with some one else.& he will get married in abroad.i have enough proofs of recordings but even though it will take 2-3 years .

Tejal (house wife)     06 April 2012

@ Mr. Hemant. The links u posted are releted to someone else & in which thread u have posted is about me.so read carefully. before advising to experts.

HK_Jain... (498a Fighter)     06 April 2012

"I think my hubby has been changed by gender. so he asks from me maintainence , & alimony"

what is she wants to brief, it totally unbelievable.

And mam its you in above mention link.