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Rohit Kumar (Business)     05 December 2017

Can a female remary without completing her divorce.

Dear Experts,
I have a question That-  
Me n My wife staying seperate since 04 years and had a Mutual Mediation at High Court and paid a such amount for settelemet against IPC 125 and IPC 498 A.
 
Now:-
We have filled a Mutual Divorce Under section 13 B. But now she is harrassing me and had been married to her boy friend 10 months back in (feb 2017) athough we just on ly had our first motion in november 2017.
 
 
 
Proof:-
 
Now I have obtained all her second marriage pictures & videos and her new aadhar card which has her new husbands name included.
I had also filled the police complained 03 months back but there is no action seems to be taken from police after the several approches.
 
What I can do additional, or what should I do to teach her a lesson. 
 
Please Advise. 
This case belongs to Hindu religion and Location is Agra UP.
 
Regards:
Rohit.
 


 23 Replies

Vishal jain (JOB)     05 December 2017

hello..

don't mind... but the fact is she is married now.  If you try to invoke 494 IPC... its all in vain...

it will take another 5 years to prove it.. 

better take divorce and you marry again

Vijay Raj Mahajan (Advocate)     05 December 2017

Firstly your first motion of divorce by mutual consent done in November,2017, let the second motion process be over, try to get it done as soon as possible because of exceptional circumstance, seek permission of the court by moving application to take up the matter now and allow the second motion without waiting for 6 months’ time period. The condonation of 6 months waiting can now be granted by the district family court as per the Supreme Court judgment.

Next collect the evidence of the marriage ceremonies of the wife second marriage, the evidence of her second husband's name in Aadhar card is not sufficient, yes photographs, video and few witnesses of the complete marriage ceremonies should be good piece of evidence. When your second motion of divorce over and decree of divorce is in your hand, after that you file criminal complaint against her for bigamy in the court directly, it’s not a police complaint which you did as the police has no powers to take cognisance of complaint made under section 494 IPC for bigamy, it’s a private complaint to be made directly in the court.

For detailed case discussion you can contact me for professional legal consultancy.

Vijaymahajan5758@gmail.com

 

1 Like

(Guest)

What do you gain by going after her now. Just look after yourself. Finish the second motion and move on with your life. If she is married again, its good for you because she can never go after you in future for extra maintenance, Crpc 125 etc. like some divorced wives do. Enjoy your life, get a beer and live happily.

Good luck.

1 Like

(Guest)
Originally posted by : Rohit Kumar
Dear Experts,

I have a question That-  

Me n My wife staying seperate since 04 years and had a Mutual Mediation at High Court and paid a such amount for settelemet against IPC 125 and IPC 498 A.

 

Now:-

We have filled a Mutual Divorce Under section 13 B. But now she is harrassing me and had been married to her boy friend 10 months back in (feb 2017) athough we just on ly had our first motion in november 2017.

 

 

 

Proof:-

 

Now I have obtained all her second marriage pictures & videos and her new aadhar card which has her new husbands name included.

I had also filled the police complained 03 months back but there is no action seems to be taken from police after the several approches.

 

What I can do additional, or what should I do to teach her a lesson. 

 

Please Advise. 

This case belongs to Hindu religion and Location is Agra UP.

 

Regards:

Rohit.

 

You can follow what Mr Vijay has told.
But am not sure it will get you anything.
By the time your this case which you are going to file comes for hearing second motion would have got over.  And divorce will be granted.

Even if she married as per you 10 months back already.  What is your problem?  Marriage works when both want to continue to lead life with each other.

She has already moved ahead.  You simply take divorce and move ahead.  If it were so that she was not ready to give divorce and she married you could have done what Mr Vijay has told.  That would amount to abuse of law.

You will only feed some lawyer if you proceed.

You I think are simply checking what are ways that you can hurt your ex wife and don’t have any work.  So this query you posted.

Or is it that your bum is burning because she already re-married and you are still left clasping hands?

Rohit Kumar (Business)     05 December 2017

Dear Vijay raj mahajan Sir,

As descrived by you, 

*My and My lawyer have spoken to Judge, Who has denied to short the cooling period and has given a date for 06 months.

* Secondary she was delaying the case as it was filled in last August 2016 and the first motion has happened now in November 17 only.

* as she already got the money and also marries again to her BF, so now harassing to me by delay in divorce.

*I already has registerd the case in Police station and same has been accepted bt them and just in process of investigation, for the same girl and her BF have also been informed.

* Now to proove the Bigamy I have her Aadhar card ( with her new husbands name,  her secondmarrige album along with Video cassete and 02 witnesses for the same.) along with that I also have Voter List with the details of that guy.

So in future will I get the divorce eaisly from her or I'll suffer in this case.

NOTE:- If I put all these evidences against the Judge who is hearing the mutual petition of Divorce ( What out come will come out,  Will that be useful to me. 

Is there any other option to make it quick.  Kindly re-advise.

 

Regards:

ROHIT.

Rohit Kumar (Business)     05 December 2017

Thank you so much Sir for your time.

athough this case has already been registered by Police Under IPC 494. and is in under Investigation. 

Vijay Raj Mahajan (Advocate)     05 December 2017

I told you that s 494 IPC complaint is private complaint not Police complaint for which the police doesn't have jurisdiction to investigate that's just waste of time and money you pay those rascals and seeking free legal consultancy here in this forum from senior lawyer like me. Did your lawyer move application for condonation of waiting period and judgement of Supreme court for the same in the family court? Even if 6 months date is given the application can still be moved and argued, let the judge pass order on the application. Rest unless your divorce case is over stop other criminal case for time being, wait for right time and opportunity, as the Hindi saying " loha garam hone do tab hathora maro".
1 Like

Vijay Raj Mahajan (Advocate)     05 December 2017

I told you that s 494 IPC complaint is private complaint not Police complaint for which the police doesn't have jurisdiction to investigate that's just waste of time and money you pay those rascals and seeking free legal consultancy here in this forum from senior lawyer like me. Did your lawyer move application for condonation of waiting period and judgement of Supreme court for the same in the family court? Even if 6 months date is given the application can still be moved and argued, let the judge pass order on the application. Rest unless your divorce case is over stop other criminal case for time being, wait for right time and opportunity, as the Hindi saying " loha garam hone do tab hathora maro".
1 Like

Rohit Kumar (Business)     05 December 2017

Thanks a lot Sir.

 

Krishna   05 December 2017

Dear Rohit,

As Mr.Vijay Raj Mahajan sir said, First get rid of your ex wife legally and then purse of Bigamy against your ex wife. If your divorce process is dragged, you will loose your precious youth time. Your Ex wife will come out on bail, will live with her husband, without any divorce, you will roam lonely. If possible try to target ex wife and her present husband, If your ex wife is not giving divorce/dragging divorce case , then go allout against her.

Born Fighter (xxx)     05 December 2017

perfect reply by Adv Mahajan.......

 

Get ur divorce, move on but at same time let the case be filed. Both ur ex wife n her current husband will dance to ur tunes. 

Kumar Doab (FIN)     05 December 2017

Mr. Vijay Raj Mahajan has explained the legal perspectives.

Telling the judge and moving an application for waiving the 6months waiting period are entirely different.

Kumar Doab (FIN)     05 December 2017

Hope you have got the documents of payment made by you with you.

If you are apprehending backtracking from 2nd motion, then that shall also be against the spouse.

I am sending you a few links that you may go thru and pick up relevant points.

Your lawyer(s) can strategize for you, per your need and choice.

LegalFighter (test)     06 December 2017

"Or is it that your bum is burning because she already re-married and you are still left clasping hands?"

Is this the way to speak to a litigant? SCOUNDREL!!

Originally posted by : Adv Raj Malhotra



Originally posted by : Rohit Kumar



Dear Experts,

I have a question That-  

Me n My wife staying seperate since 04 years and had a Mutual Mediation at High Court and paid a such amount for settelemet against IPC 125 and IPC 498 A.

 

Now:-

We have filled a Mutual Divorce Under section 13 B. But now she is harrassing me and had been married to her boy friend 10 months back in (feb 2017) athough we just on ly had our first motion in november 2017.

 

 

 

Proof:-

 

Now I have obtained all her second marriage pictures & videos and her new aadhar card which has her new husbands name included.

I had also filled the police complained 03 months back but there is no action seems to be taken from police after the several approches.

 

What I can do additional, or what should I do to teach her a lesson. 

 

Please Advise. 

This case belongs to Hindu religion and Location is Agra UP.

 

Regards:

Rohit.

 





You can follow what Mr Vijay has told.
But am not sure it will get you anything.
By the time your this case which you are going to file comes for hearing second motion would have got over.  And divorce will be granted.

Even if she married as per you 10 months back already.  What is your problem?  Marriage works when both want to continue to lead life with each other.

She has already moved ahead.  You simply take divorce and move ahead.  If it were so that she was not ready to give divorce and she married you could have done what Mr Vijay has told.  That would amount to abuse of law.

You will only feed some lawyer if you proceed.

You I think are simply checking what are ways that you can hurt your ex wife and don’t have any work.  So this query you posted.

Or is it that your bum is burning because she already re-married and you are still left clasping hands?

 


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