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Sairam shirdi   02 July 2023

Divorce petition filed by the husband 2nd time

Hi, 

The husband filed HMOP in 2010 and withdrew the case within 6 months. Later in 2018 he filed HMOP again and still the case is pending. Now he is threatening the wife to give all her jewelry or he will make the case dismiss for default. So that the husband can go back to Qatar (where he is working) and marry someone else there. Hence the respondent life will be in despair by not giving divorce and maintenence. Kindly Guidance and legal points.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 July 2023

Without getting divorced from the first wife, he cannot marry another woman and if he marries it will be bigamy. 

Dr. J C Vashista (Advocate )     03 July 2023

You have put different questions in one go as maintenance, divorce petition filed and withdrawn in 2010 and get remarried before divorce. Be clear about your facts vis-a-vis query.

Did you consult the lawyer engaged by you ? If so, what is his / her advise ? If no, why ?

Sairam shirdi   04 July 2023

Dear Sir,

I have tried to explain the case as a whole. Advocate is suggesting that if the party didn't appear then case will be dismissed for default and the wife has to file divorce again. What I am seeking is, other remedy to handle the situation without filing divorce again by the wife, since she went through 5 years trial. So far the husband didn't give any maintenance. Thank so much for your reply  


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