vaishali (wife) 19 September 2015

Divorce

Hi...I have been separated from my husband for almost 11 years ...supreme court has dismissed my husbands appeal for divorce in 2010...somewhere I heard that if we are separated for more than 5 yars divorce can be granted... I am afraid if my husband uses that grounds take divorece..can he? he has remarried ...what is my status...lower had court had granted him the divorce in2008...this was reversed in 2009 in the high court...however he has remarried in 2008 during the waiting period....should i file a case for bygamy...court has not declared the second marriage as null and void

Reply Follow

8 Replies

prabhakar advocate (advocate) 19 September 2015

SC dismissed his divorce petition and hence he is not entitled to remarry. There is no law that after 5 years separation, husband will get automatic divorce. If you have proof, you can file bigamy case against him.

saravanan s (legal advisor) 19 September 2015

now as per the order of the high court you are still the legally wed wife to your husband.so you can file bigamy case on your husband

SAINATH DEVALLA (LEGAL CONSULTANT) 20 September 2015

I support the views and suggestions of Adv Prabhakar and Adv Saravanan.

vaishali (wife) 20 September 2015

I want to know where I can file the case for bigamy?... which court seesion court?

SAINATH DEVALLA (LEGAL CONSULTANT) 20 September 2015

bigsmy is a non cognizable offence u/s 494/495 IPC.The case can be filed either in the court with valid proofs or in the police station u/s 415 for cheating the wife.The punishment for bigamy is imprisonment for a periiod of 7 yrs or fine or both.

SAINATH DEVALLA (LEGAL CONSULTANT) 20 September 2015

It should be read as bigamy(typing error)

sushi 20 September 2015

Thank you sir,I just need clarification....As I said earlier trial court had granted divorce. to him...however he has got remarried within the waiting period... does that amount to bigamy