Muntazir (HR) 28 November 2012

How can i stop my wife to remarrie again ?

Respected Members,

I am a Muslim Guy(HR Manager) & My Wife(Doctor) Was Hindu Before Marriage. Our Family Was Not Agree Upon Our Marriage. So We Left Our State (Gujarat) & Gone To The Chandigarh For Marriage. First My Wife Has Adopted Islam (Conversion Certificate Got By Priest), Made An Affidavit & Given To The Netional News Paper Also. Second We Married Accodingly By Islamic Nikah. & Then We Filed Joint Petition For Protection In Chandigarh High Court & We Got The Same By Honourable High Court.

After 6 Months Of Our Marriage , We Decided To Meet Our Parents In Ahmedabad (Gujarat) At That Time My Wife Was Pregnant By 5 Months. So We Came Back Ahmedabad . We Were Thinking All Is Fine & Residing At Our Flat. My Wife Used To Go In Market As A Daily Activity. One Day Her Uncle & Father Adopted Her In Between The Way Towards Market . I Was Finding Her In Whole Ahmedabd But Coudnt Find Her Yet. They Aborted Our Child .... Wrongly Confined Her To Make A Complain On Me Under Sec IPC 376,365,364 etc Total 11 Acts.

Lots Of Torture & Problems I have Faced During Remand & Police Custody As They Are Having Political Support. I Got Bail From Honourable Gujarat High Court Because Legal Proofs Of Marriage. After Coming Out Of Custody , I Have Filled Qushing For FIR In Gujarat High Court But It Was Dismissed. Then I Went To Honble.Supreme Court But It Said That " We Know What Is Truth Behind The Story..... & Its A Case Of ACQUITTED.... & Lastly Have Given Thought To Me That You Have To Pay For What You Have Trusted On Your Wife."

Now My Point Is : Chargesheet Has Not Been Filed By Police After 4 Months Also, And The Case Is In Lower Court.... I Came To Know From Sources That Her Parents Are Trying To Remarrie Her .... And I Havent Given Her Divorce Yet & I Dont Want To.... No News Of My Wife Since She Disappeared .... And I Cant Contact Them As A Condition Of Bail ..... I Heared That There Is One Law Or Amendment That Can Make Stay On Marriage So Both Husband & Wife Cant Marrie Without Divorce.. Can Anyone Let Me Know? ..... And One More Question This False FIR Can Decide Legality Of Marriage ?

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5 Replies

stanley (Freedom) 28 November 2012

You already have answered your own question as you have not given her Divorce she cant remarry . and next you can resort to

Indian Penal code 1860, Section 494.

Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction ,nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Samuel (CEO) 28 November 2012

Something catchy here:

1. Is your wife agreed to remarry?

2. If you can locate your wife, you both can ask for protection legally. Main question is how much your wife has been brain washed.

3. If this is a forced marriage, you cant claim it is forced as your wife is major.

4. And your wife is accountable before law if the re-marriage take place and you have proof of re-marriage.

5. Arrange for a detective and find out the locality and proceed with legal consult.

6. above all, you need to understand you wife current mindset and try your best. Good luck and all the best.

Samuel (CEO) 28 November 2012

Additionally, once the complaint is rasied in Police station with in 30 days they have to either file for chargesheet or the case should have been closed already.

File RTI against the corresponding police station and get to know on your cases filed.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 November 2012

Invoke 494 IPC and section 97 Criminal Procedure Code before SDM of your area praying therein that your inlaws have illegally confined your wife against her wisehs and she be got freed.