Engagement during divorce case
Knowledge Gainer
(Querist) 31 August 2011
This query is : Resolved
From the facebook husband came to know that his wife has an engagement. Wife who has filed divorce case against husband has uploaded her engagement photos on the facebook. Wife is under impression that she will definitely get divorce within one year so no question of going back to him and she can know the guy better after engagement till divorce and after divorce she can immediately marry that guy.
Husband's query is that mere engagement is crime? if yes than under which section and what remedy husband has?
ajay sethi
(Expert) 31 August 2011
she is merely engaged but has not remarried . mere engagement is not a crime .
Advocate. Arunagiri
(Expert) 31 August 2011
Engagement can not be equated with a marriage. So, the engagement before the divorce is not an offense.
Kiran Kumar
(Expert) 31 August 2011
no offence is made out....its not like murder or robbery where you can trap a person for preparation.
Knowledge Gainer
(Querist) 01 September 2011
So under the shelter of engagement she will enjoy with that guy. Suppose she will not get divorce and husband will be not ready to accept her after judgenet what will be her position. She will not marry that guy until divorce. So she will have to go further appeal. Thus she will be put into funny situation.
Also husband can expose her illicite intention that she has already affair with the guy that's why she want divorce and have divorce on ground of adultery or adultery is something more than the engagement.
M/s. Y-not legal services
(Expert) 01 September 2011
If your prayer is seeking divorce mean your stating reason is may be considered. Since the husband not ready to give divorce mean why court should be considered?
prabhakar singh
(Expert) 01 September 2011
An engagement is an agreement to marry and like any contract can be either rescinded or specifically enforced,which in this case court will refuse coming to know that she is already married,hence such an engagement can not be construed as marriage itself,if she has started making relation physically with the boy,that may emerge in certain rights like one u/s497IPC and grounds of divorce in hands of husband.
girish shringi
(Expert) 01 September 2011
The situation can be judged properly.If husband has filed DV case,and thereafter if anything happen as contract with another but not the physical relationship between the woman and the third person which is subject to crime i.e.adultery.
So husband can file the FIR in that case even if DV case is in process.
Knowledge Gainer
(Querist) 02 September 2011
Dear Tom,
"If your prayer is seeking divorce mean your stating reason is may be considered. Since the husband not ready to give divorce mean why court should be considered?"
I couldn't get you. please explain in simple terms. Wife is engaged with someone else and have fun with that guy. She has uploaded her engagement photos. I am not sure that they have physical relations or not. But pending divorce case how can she engage with other. it is adultery itself? can I file FIR against her?
ajay sethi
(Expert) 02 September 2011
no adultery implies physical relations with another person . do you have any evidence that she is having an relationhsip with the other man .
Knowledge Gainer
(Querist) 02 September 2011
I don't have any proof of adultery. I just have photos of her engagement which I have downloaded from Facebook. There after I can to know that she is with that guy whenever they have time and enjoying their life.
ajay sethi
(Expert) 02 September 2011
in case you can afford it engage the services of detective agency . on recipt of the reportfrom agency you will have peace of mind
