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Ranjit (sse)     31 January 2011

Actions after marriage

Hi All,

I had married a girl before 2 years and for the last 1 year we are not living together. All my efforts to bring her back in my life is in vain. Still we do not have a divorced each other. I requested her father for mutual divorce but he declined.Her family is doing her 2nd marriage quickly. I could not go for RCR due to many major issues. Please let me know which actions I can take after her marriage? What are the pros and cons for me If I file a case against her family members, her and the guy who will marry him? Please reply.

Thanks



Learning

 22 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 January 2011

It will not be valid for your wife to remarry without obtaining divorce from you.  The second marriage shall be void, also you can file a case of bigamy against her. 

Ranjit (sse)     31 January 2011

Thanks Archana jee for your reply. But  Please let me know the problems that I will face If I file a case of bigamy against her. Can she file false cases like 498A, false dowry charges, against me? The reason behind  our separation now is due to intercaste problem. My parents are agreed but her parents are not and Our marriage was solemnised in Aryasamaj mandr according to hindu law.

Thanks in Advance

Adv Archana Deshmukh (Practicing Advocate)     31 January 2011

Nobody can predict whether your wife will file false cases against you or not. If you have good evidence of her second marriage, then even if she files false cases on you afterwards you can still defend yourself properly as it would be considered as afterthought story. But the best way would be to convince her for divorce by mutual consent if she has made up her mind to remarry, as her 2nd marriage would be void.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     31 January 2011

Wait for her second marriage and then file a divorce case any how you want divorce. What will you do if you files a case against your wife?

(Guest)

@Ranji

As you said," I requested her father for mutual divorce but he declined.Her family is doing her 2nd marriage quickly."

The only quick solution is Divorce by mutual consent.i dont understand why her family member declined as they have to doing her second marriage quickly ,first they have to file Divorce by mutual consent petition under section 13 B of hindu marriage act,1955.If there is no hope for reconciliation ,then Dv by mutual consent is a easy way.

you said," If I file a case of bigamy against her. Can she file false cases like 498A, false dowry charges, against me?"

Why? It will not be valid for your wife to remarry without obtaining divorce from you ,so if she marry then you can file bigamy case but for that wait for that marriage.

Can she file false cases like 498A, false dowry charges, against me?"

Why she want to file as you already said they are in hurry for second marriage.(Her family is doing her 2nd marriage quickly.)

And we cannot measure their mind ,be positive if they file false cases then be brave and ready to fight.

i think you try to reconciliation and if fails try to understand them for dv by mutual consent. otherwise file divorce case.

Swami Sadashiva Brahmendra Sar (Nil)     31 January 2011

Adv. Rajoo's advice is practical. When you want divorce and she also is divorcing practically, It is better for you to let her remarry so that you may get a srong ground for legal divorce.

Shailendra prasad singh (Lawyer)     31 January 2011

I m agreed with archna.

Suchitra. S (Advocate)     31 January 2011

I feel you should file a RCR as soon as possible to show to court that you intend to be with her. You will have a defense to your side if she files S.498A or DV case against you.  I do not think you should worry about her second marriage coz, it is she who has to face illegalities of second marriage without legal divorce.  

I feel life is not about punishing others. It is about avoiding complications for ourselves at the first instance.

manjit kalra (system eng)     31 January 2011

let her remarry first , try to get proofs of her marriage also in photos recordings etc., after her 2nd marriage u will be in a very strong position and even her forefathers cannot file fake 498a after her remarriage.if she does pm me she will straight go to jail.

let her commit this offense first , of second marriage without divorcing you.

1 Like

Avnish Kaur (Consultant)     31 January 2011

Agreed manjit sir.

Ambika (NA)     31 January 2011

 

I wonder why none has given advice that she should be informed that it is illegal to go in for a second marriage before getting a divorce. Perhaps this information would have hasten the mutual divorce process from their side also. It is lack of legal information without which we all suffer one or the other. So if you really want to have a quick divorce I suppose somehow letting them know about the complication of a second marriage would bring them to agree for a mutual divorce. This would be less complicated for both of you. 

Avnish Kaur (Consultant)     31 January 2011

yes inform her and invite 498A and dowry harassment charges as well

Ambika (NA)     31 January 2011

Even without going in for second marriage, these cases could have been initiated! She did not, and she is going to get into second marriage without knowing its legal complications, first thing one needs to do is to let he know it is not legal....

There is strong possibility that they will come to agree for a mutual divorce. 

Avnish Kaur (Consultant)     31 January 2011

NO. once she remarries she cannot dare file these false criminal cases.
 


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