legal way to meet my wife
B Guru Murthy
(Querist) 15 January 2011
This query is : Resolved
Hello Gurus,
I AM MARRIED(love marriage) TO my wife of inter caste, bUT NOW HER PARENTS ARE DENYING our MARRIAGE DUE TO CASTE. WE BOTH ARE HINDUS AND MAjors NOW HER PARENTS ARE TRYING TO REMARRY HER. She is poised by her parents.
For a period 6 months of regular communications thru posts/couriers i did not get any respinse from my wife
Further, I went to pick up my wife, i could nto find her @ her residence. After a week my wife filed divorce and maintainence @ the behest of my in-laws.
I did not file any counters. Both the cases got expartee order, this is three months back. They did not file any executive petition for maintainence, but i am ready to give maintenance to her.
I am confident that if i see/meet/talk to her she can join my matrimonial home.Its more than 14 months i dint see my wife.
In between i filed(original jurisdiction) RCR party-in-person waiting for expartee order. No counters filed from my wife side nor they did turn up.
I can understand that, this is all because of egos and communciation gap with my mother-in-law. I even tried ADR(Legal services/mutual consent/3rd party mediation) no response.
Now I filed Appeal in HC to set aside the expartee divorce of the Lower Court, as i am looking for re-union
My-in-laws are accepting our marriage as per legal proceedings, but our marriage is not registered, but we have a certificate/receipt from temple.
I am worried about my wife as there are planning to perform 2nd marry for my wife
My Question:
1)How far this Habeas Corpus going to help
me? If so what would be the grounds to file the petition.
2)Is there any other legal way to see/meet my wife?
3)Any, chances to stop her marriage?
4)Max time to get 2nd marriage for my wife from the day of divorce decree from the lower court?
kindly advice for our reunion, pls......
rgds
guru murthy
adv. rajeev ( rajoo )
(Expert) 15 January 2011
File an injunction suit against her as not to marry 2 man and take a interrium order restraining her from doing so.
Habeas corpus you can file with the grounds whatever you have said in your question.
Kiran Kumar
(Expert) 15 January 2011
well you mentioned that she has obtained ex-parte divorce against you.
firstly get that order set aside.
you may go for Habeas Corpus petition for your purpose.
I am not agreeing with Adv. Rajeev that a civil suit shall be filed restraining her not to marry to someone else....I think such a suit is not even maintainable.
Gulshan Tanwar
(Expert) 15 January 2011
Injunction is maintainable against the other spouse not to marry ....
What is the date of marriage and when the Court case was filed and when was the exparte decree obtained and under what provisions it was filed.
Kirti Kar Tripathi
(Expert) 15 January 2011
Since the factum of marriage is admitted. She is still you wife. You can file petition of Habeas Corpus to in case, she refuses to stay with you before the Court, you can not compel her. However, it will not affect the RCR you filed as that order will not affect the proceedings of Court. I disagree with Kiran that Civil Suit restraining her not to marry some else will not be maintainable. it is maintainable as secant marriage ill be void and will affect the ights of the husband.
Guest
(Expert) 15 January 2011
FILE A CONJUGAL RIGHTS UNDER SEC 9 OF HMA
Amit Minocha
(Expert) 15 January 2011
since divorce has not yet been set aside so there is no relation of husband and wife, section 9 HMA cannot come into picture at this stage. Yest if the orders is stayed or set aside , then it can be filed. File injunction to stop Second marriage.
Uma parameswaran
(Expert) 15 January 2011
As a safer side one shall remarry after ninety days .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2011
Guru Murthy you seems to be rarest among rare people who want to recover your wife.
The relations will become stale in process of legal proceedings which will have no end.
Better let her live in peace and you can always find new abode.
Sudhir Kumar, Advocate
(Expert) 19 December 2012
1)How far this Habeas Corpus going to help me? If so what would be the grounds to file the petition.
Ans : Habeas Corpus? What for. Forcing your ex-wife to join you? You did not file counter to divorce case and it was decided ex-parte against you and now you have filed RCR on a lady who is no more your wife.
Having not contested a case in lower court what relief you can accept from High Court. All her allegations stand accepted by you.
Do you take the law for a joke?
2)Is there any other legal way to see/meet my wife?
Ans : No. unless she has to agrees to remarry you.
3)Any, chances to stop her marriage?
Ans : No. She is not your wife.
4)Max time to get 2nd marriage for my wife from the day of divorce decree from the lower court?
Ans : For Muslim it is iddat period. For others it is same day.
You said “They did not file any executive petition for maintainence, but i am ready to give maintenance to her.”
This shows that they do not want to keep any track with you and are gentle anough not to harass you further and you are on to provoke them
You said “I am confident that if i see/meet/talk to her she can join my matrimonial home”
Which matrimonial home you are talking about after divorce.
You said “My-in-laws are accepting our marriage as per legal proceedings, but our marriage is not registered, but we have a certificate/receipt from temple.”
What is the use of these proofs when you did not show to the court. Your marriage stands dissolved.
