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Anjali Nikam   22 December 2015

Require help to close divorce case and remarriage.

Hi Experts,

 

I require help regarding close my divorce case. My husband filed divorce petition. I've contested divorce case around two year. Recently I come know my husband did second marriage one year ago. During challenged period, I discussed with my colleague regarding my divorce. Now I and my colleague decided to do second marriage. I asked my husband to go for MCD. But he denied to give me MCD and demanded money for MCD. Now please let me know what to do?. So my divorce case will get close ASAP. Also please let me know when I can do second marriage after divorce decree. Is their way we can give any particular application and inform court to give decision in favor my husband? I don’t want contest divorce case and waste the time. I want to start second marriage happily. I don’t want my husband’s interference in my second married life. Please let me know how I can avoid interference of my first husband?

 

Regards,

Anjali.



Learning

 8 Replies

saravanan s (legal advisor)     22 December 2015

If you don't contest then he will be given exparte divorce. After getting the divorce decree you need to wait for 90 days for the appeal period to get over.after divorce if you want your husband not to interfere in your life you can obtain a injunction against him

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 December 2015

Without divorce second marriage is an offence under section 494 of ipc. 

He can be live with you as live in relationship only.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 December 2015

Without obtaining divorce,both the marriages are null and void.Marrying during the pendency of the divorce is nothing but adulterey/bigamy.

Anjali Nikam   25 December 2015

Hi Experts, 

Thanks for your response..

I can't share much details. But the problem is I'm pregment. I and my colleague don't want to do abortion. We decided to close this marriage and do second marriage. When my parents know about it, Then they started enforcing to drop till divorce case will get close. If my husband know about it, then I'll be in big trouble. As per discussion with my advocate ex parte and decree will take around three to four month. Also my advocate told me that to appear inside court for cross. I dont want to go through it. Please let me know best option apart from ex parte where court will give decree immediately. Also I want advice how I can avoid my husband to do appeal in another court. My husband's second wife is living in small village away from 300 Kms. I don't have exact informatino about my husband's wife. Otherwise I'll file bigamy/adultary case on him. I come know from one of our relative that he did second marriage. 

Now please let me know what is best option to get decree copy of divorce ASAP because ex parte and decree will take around four to five month. My husband and his advocate is very smart. Now when I discussed with him about MCD, then he demanded 10 lacs ruppes. I don't have money to give him. I want to inform court that please give decision in favour of my husband and give decree ASAP. Please let me know how I can do it. Later on I'll manage injuction through filing another case.

Please advice me to get decree ASAP.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     25 December 2015

Therre is a procedure for legal process to conclude and not according to our urgencies and whims and fancies.U have done the same mistakes which as per UR allegations UR husband is deemed to have done.U say U R in live in relationship with UR colleague and are pregnant,how are U going to hide it till the proceedings are over.

 

T. Kalaiselvan, Advocate (Advocate)     01 January 2016

You have been advised by your lawyer to remain absent from attending the court on dates of hearing so that your husband will get an exparte divorce decree. 

This exparte divorce decree cannot be challenged by him because the court has granted him the relief sought by him by this judgement. In that event there is no reason for waiting for 90 days for expiration of appeal period because it will be you who may prefer an appeal or file an application for setting aside the exparte decree. Since you are no more interested in continuing the marriage with him anymore, here is no reason for your concern or worries to this extent. 

You may be in touch with the developments and sooner you learn about the exparte divorce decree by the court, the next day you plan your marriage with your present boy friend.  You do not have to wait for the so called 90 days or even one day for getting married to him, especially because you are pregnant and by that time it may be an advance stage of pregnancy.

Take a second opinion from some other lawyer too without informing your lawyer about this. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

Dear Querist

there is only one option that you appear before the court and admitt all his allegations and pray for judgment, the court may pass an order in his favour and after that order you are free to get remarry.

 

Feel Free to Call

jaig   04 January 2016

Though I refrain from giving you moral advice here, there's something I find weird:

Doesn't it sound strange that you repeatedly refer your new live-in partner as colleague. There is nothing wrong in dating a colleague. But he is your lover/partner now, he is your colleague while at work. Such lines ("I and my colleague don't want to do abortion") really sound weird ! You carry your lover's child, not your colleague's child.


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