Civil Procedure Code (CPC)

There is any requirement to take divorce

This query is : Resolved 
 

(Querist)
28 September 2011

I HAD FILED HYBUS CORPUS PETTATION IN HIGH - COURT & THE JUDGMENT AS PER BELOW.

) Respondent no 7 is present before us. we have interviewed her in chambers. she is dispututing the claim of the petitioner that she is lawfully married the petitioner,as stated in the petition.

4) it is not necessarry for us to examine the contentious issues betwwen the parties, since it is habeas corpus petition, and respodent no. 7 has appeared before us, who asserts that she is not married to the pettioner, coupledwith the fact that she has no intention to have any kind of relation with the pettioner - much less to go along with him, we cannot force her to do so, the pettioner would be free to take recourse to such other remedy as may be permissible in law on the basis of his asseration that he is lawfully married to respondent no. 7. all question in that behalf are left open, to be decided on merits.


AT THE TIME FILING CASE I HAD PROVIDED TEMPLE CERTIFICATE, MARRIAGE PHOTOS, SIGN AFFIDAVIT BY BOTH PARTYS.IS THERE ANY RISK IN FUTURE WITHAOUT TAKING DIVORCE.

NOW GIRLS FAMYLY ALREADY ARRANGE HER MARRIAGE & THEY FEEL THAT THEY ARE FREE AFTER THIS CAE & NOW IF I SEND THEM DIVORCE NOTICE THE SITUATION WILL BE CRITICAL & THEY MAY BE DO ANYTHING TO ME.

I HAD GET DIFFERNT OPINION SOME PERSON SUGGEST ME TO TAKE DIVORCE & OTHER PERSON TOLD ME THERE IS NO NEED TO TAKE DIVORCE. MY LAWYERS EVEN TOLD ME TO TAKE DIVORCED.

PLEASE ADVISE,I HAVE TO PAY MAINTAINCE, IF I AM FILING DIVORCE CASE.



R.Ramachandran (Expert)
29 September 2011

Dear Mr. Jagdish,

She has told in the High Court that she is not married to you, though in a Habeas Corpus petition.

If she is not going to be with you and claims that she is not married with you, then there is no point in pursuing her to be your wife.

She is going ahead with a marriage.
If at all, it is only you who can bring a criminal case against her for contracting a second marriage while the first marriage subsists (i.e. husband living and divorce had not taken place).

Your concern is, whether you should send a notice for divorce, or whether you have to pay any maintenance to her; or whether you will be in trouble if you go ahead with your marriage.

1. You need not send any divorce notice to her.

2. The question of your paying any maintenance to her does not arise since she is already married to another person.

3. You will not encounter any problem if you marry another girl, as according to the present girl she says that she has not married to you. Further she has already married another person (which will be an offence if she is already married to you). So whenever she tries to trouble you - though the chances are very very remote - you can always say/bring a criminal case against her.

Therefore, you need not give any divorce notice or anything. You will not be required to pay any maintenance. If you want, you can get yourself married to any other girl.

prabhakar singh (Expert)
29 September 2011

I entirely agree with Mr.Ramachandran.
you need not invite:AA BAEL MUZHE MAAR

AugustPunitha (Expert)
29 September 2011

Please file a DIVORCE petition and get a ex-parte divorce against your wife.
When you remarry then you will never have any problem with your ex wife.
Your second marriage will be legally valid one



Guest (Expert)
29 September 2011

Dear Jagdish,

I think when she has already established before the court of law in Habeas Corpus petition, the advice of Shri Ramachandran seems to be quite valid for you.

SONI KARTIK (Expert)
29 September 2011

Sir, You never do anything.

Shailesh Kr. ShahOnline (Expert)
01 October 2011

Perfectly advised by Shri R. Ramachandran.

Arun Kumar Bhagat (Expert)
07 October 2011

The submission of wife before High shall act as Estoppel against her. She can not deviate from her statement in future to extract undue benefit. No need to take divorce. You are relieved from all legal; actions on the part of this lady.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x