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when is a person eligible for Second Marriage

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved 
Story is:

Married in Aug-2008, my wife went for delivery and haven't turn back since the birth of my baby Dec 2009, after that my relatives tried there level best for reconcilation, but my in-laws went to police station and registered 498A, 3 & 4 DPA and 84C against all my family members in Oct 2010 and demanding money around 50 Lakhs. Current status is charge sheet not filed yet, we are obtaining bails.
Here the intention of the girl or her family members is clear they want money not either me or my love. I don't want to give any peny because i'm obidient in my matrimonial duties, i haven't done any mistake this is what my wife also know clearly, but she wants money, which is illegal.

My question is:

How long should a person wait like this ?
As per our indian law any court can't force her for matrimonial duties, but i don't want to spoil my future, so legally when can i look for second marriage ?

Kindly suggest....
Advocate. Arunagiri (Expert) 27 December 2010
You file RCR petition, if you fail in it. You can file a divorce petition.

consult a local lawyer.
Querist : Anonymous (Querist) 27 December 2010
Even though i file a divorce petition, it will take more than 2 or 3 years.
Till that time i should be like this....? should i spoil my future...?

There is no such legal time if wife doesn't turns back, husband can marry after some period ?
R.Ramachandran (Expert) 27 December 2010
Dear Mr. Anonymous,
You will be in a position to remarry after obtaining the divorce, irrespective of how much time that it takes to obtain the divorce.
Gulshan Tanwar (Expert) 27 December 2010
After the Courts Decree of divorce, a minimum of 30/90 days is to be waited for becoming eligible for second or consecutive marriages.

But in your case I think that your in-laws will try to teach you a lesson!!! so ready for their lessons and chapters of Marriage.
Advocate. Arunagiri (Expert) 27 December 2010
I am also sharing your grievance, that without the second marriage future will get spoiled.

My wife also gone to her home town with my children, after their half yearly exam, she has not turned up even after 5 days. I dont know how to do the second marriage before she comes back. I dont want to wait till she turns back.

If any provision is there for me it will be applicable to you also.
Gulshan Tanwar (Expert) 27 December 2010
Live-in-relationships are there for this type of problems;

just a simple thing is in between that enjoy and also it doesnt have legal complications;

no monthly dues or maintenance or any type of problems.

search for any live-in-partner through websites, you may get a plenty. :) all the best.
Adv ramesh chheda (Expert) 27 December 2010
best way is to go for settlement, in case if u r worried for u r future. or find out some wrongs committed by u r wife and file criminal case as well civil case against them also . besides this there is no other way . u cannot stay with any other lady without having obtained divorce from fst wife. even live in relation ship is also not proper that can also bring u in trouble / Hope satisfied with this answer. if u wish to knw more than may call me on 9870112826
Gulshan Tanwar (Expert) 28 December 2010
"Without just cause the other spouse had left the company of the spouse"- is sufficient for another one.


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