dhanalakshmi (HR) 21 June 2015

Family problem

Dears Sir,

my name is dhanalakshmi and i am married in 2011 but we got separated in 2012 may due to family issues which was done by my parantes - i was not intrested to get marry with him because the guy was physically handicaped but my perentes and brothers forcefully did the merriage which am not intrested and i have been already informed to the guy side as well (now the guy got other merriage without giving any divorce to me as well he did not complete his graduation but he is working in a reputed college as a maths teacher for 12th class as a perminent employee now he needs a divorce )now am not getting any kind of support from my perents and brothers please help me the next step,

please help me atlist how i can fight with my family

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3 Replies

Adv. Chandrasekhar (Advocate) 21 June 2015

Madam,

1. You are not interested in this marriage.

2. He has already married someone second time.

3. Then both want divorce. If so, you talk with him and if you both agree, file a mutual consent divorce (MCD) petition by engaging an advocate and six months after, the court will grant divorce. As you are major, you try to explain your disinterest to your parents in continuing this marriage and moreover about his second marriage. If they will not convince, then also you have no option except to file MCD.

saravanan s (legal advisor) 21 June 2015

you convince him for mcd which will allow you both to lead your life peacefully as per each others wish.as long as he hasnt got divorce from you his second marriage would remain void and at any time he might be accused for the offence of bigamy u/s 494 ipc which leads to 7 year imprisonment if proved.this case can be filed by your father,mother,siblings,even by your children in future

Laxmi Kant Joshi (Advocate ) 21 June 2015

Now what relief you want if you both are ready for divorce then file a case jointly in the family court for mutual consent divorce and get seperated within 6-8 months, if you didn't want divorce and wants to live with him then file a criminal case u/s 494 ipc for bigamy and also another case u/s 11&12 hma to make his second marriage null and void .