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jagan (ade)     04 September 2016

Complex matter

Sir,

I (Vikas  Male ) am working in State Govt organisation.I married in the year 1999.Due to mutual differences I applied Divorce papers and served notice to my wife in the year 2006 got Ex party divorce in the year 2006.Court executive served notice officially to my wife collect signature and served notice during the above process.

After  getting decree few persons involved in the matter from my family and wife family settled matter from out side court.From 2007 onwards we are staying in same house and we had kid born in the year 2008.

I observed her behaviour changing (due to her extra martial affairs) .Now differences are heavy.I am not interested to staty this person.Because she is an affair with another person. I am having few whats app messages and voice notes with another man.

From 2015 July onwards she is staying in Banglore city  and I am staying in Andhra Pradesh nearly 200KMs distance.

Now i am planning to ra-marry or Live-in relationship with another girl. Now my Ex wife telling if you re marry i will file case againest you in police station in different sections and try to threaten  government job. I am having some legal questions in my mind.

1.Whether my Ex party decree still valid  or Not

2.If my ex wife file case in PS, possibilities of what sections she may file case.

3.Before going to remarry what precautions i need to take.

Sir you are most efficient lawyers are here. Please suggest me to proceed further she is not coming to solve amicably this matter.

Regards,

Vikas

 

 



Learning

 12 Replies

whatnot   04 September 2016

This will be case for experts.

 

But my two cents here. Take it with a pinch of salt.

 

If decree of divorce is issued, then any relationship is you had would be live-in.

If you have provided care (her medical expenses) and has taken care of child, then you have steady ground as long as no voilence occured.

 

She may go Rape route. That would be hard to come prove. It is matter of incoveience. But can be fought with expert counsel.

 

Second she may apply for maintainance. And for child sake you should yield. Better to avoid this. And negotiate at this monent and make arrangements.

 

If you have record of her activites. Keep it. This may come handy later stage. But don't threaten or try for reconcillation with her.

 

 

Now if you wish to pursue another realtionship, then do so without civil marriage. But you will be building your complexities. Indian law is pretty rigid in this regard. But again, you can marry her and keep a counsel of good lawyer as decree is passed in 2006 and you have waited enough time to marry. No bigamy here.

 

But all in all, love is blind, so is law. No right or wrong. You may live to experience the outcome of your actions.


(Guest)
Originally posted by : jagan
Sir,

I (Vikas  Male ) am working in State Govt organisation.I married in the year 1999.Due to mutual differences I applied Divorce papers and served notice to my wife in the year 2006 got Ex party divorce in the year 2006.Court executive served notice officially to my wife collect signature and served notice during the above process.

After  getting decree few persons involved in the matter from my family and wife family settled matter from out side court.From 2007 onwards we are staying in same house and we had kid born in the year 2008.

I observed her behaviour changing (due to her extra martial affairs) .Now differences are heavy.I am not interested to staty this person.Because she is an affair with another person. I am having few whats app messages and voice notes with another man.

From 2015 July onwards she is staying in Banglore city  and I am staying in Andhra Pradesh nearly 200KMs distance.

Now i am planning to ra-marry or Live-in relationship with another girl. Now my Ex wife telling if you re marry i will file case againest you in police station in different sections and try to threaten  government job. I am having some legal questions in my mind.

1.Whether my Ex party decree still valid  or Not

2.If my ex wife file case in PS, possibilities of what sections she may file case.

3.Before going to remarry what precautions i need to take.

Sir you are most efficient lawyers are here. Please suggest me to proceed further she is not coming to solve amicably this matter.

Regards,

Vikas

 

 


Jagan, Vikas, Boozo, Your relationship with this woman is that of a live in relationship, you can simply move out if you don’t want to live with her anymore. The children born out of your illegitimate relationship is legitimate won, they have rights as to maintenance, property etc. The woman can also claim maintenance under DV Act, but can be challenged. However she can press rape charges against you

Jagan, Vikas, Boozo,

 

Your relationship with this woman is that of a live in relationship, you can simply move out if you don’t want to live with her anymore.  The children born out of your illegitimate relationship is legitimate won, they have rights as to maintenance, property etc.  The woman can also claim maintenance under DV Act, but can be challenged.  However she can press rape charges against you as you continued to live with her inspite of getting exparte divorce.  On the other hand she can cohabit with anyone whom she likes and you cannot question it.  Your relationship with her is immoral. 

Jagan, Vikas, Boozo,

 

Your relationship with this woman is that of a live in relationship, you can simply move out if you don’t want to live with her anymore.  The children born out of your illegitimate relationship is legitimate won, they have rights as to maintenance, property etc.  The woman can also claim maintenance under DV Act, but can be challenged.  However she can press rape charges against you as you continued to live with her inspite of getting exparte divorce.  On the other hand she can cohabit with anyone whom she likes and you cannot question it.  Your relationship with her is immoral. 

 

 

Now that you have already been in a live in relationship, and tried it, and found it to be unsuccessful in huge proportions, I advise you against going for live in relationship again.  You have already been married once and found that also to be unsuccessful in huge proportions, I advise you against going for marriage again.  You have already have kids out of this relationship already, so there is no need of you to think about going for surrogacy or adoption.  Better concentrate on the kids you already have at hand, if se x is what you are looking for, there are paid services available, but that too is a risk, use a condom always in such a case.

A walk alone (-)     04 September 2016

After living in live in relationship from 2007 to 2015 you are again planning for live in relationship with another one great ! 1) your exparty decree is valid. You was living with this lady in live in relationship.2) she can file DV and she can press rape charges against you as you continued to live with her inspite of getting exparte divorce. 3) instead of thinking to go in live in relationship with another one do you think for a single minute about your child. Why dnt you concentrate on your child? The way in which you are thinking will only spoil your life in roaming court.

jagan (ade)     05 September 2016

Sir,

Thanks for your valuable replies. My ex wife from last 1year 6 months she is staying away from me.She is an extra martial affair with some another man. I am having evidences ( whats app messages). She has not accepted me to see my child also.

Under above circumstances what to do.She is telling if you re marry another girl i will file police case againest different sections. I registered property in the name of my child. Even She is not accepting to resolve  issue amicably.

If Ex party decree is still valid ,let me know any isssues to re marry another girl. I am ready to give maintenance to my ex wife as per law.

Thanks

whatnot   05 September 2016

@Jagan,

After decree of divorce the realtionship you had with your ex-wife was extra marital affair and live-in relationship.

 

 

Now she is having similar relationship with another man. That's it.

 

If she knows law (as she has threaten you) she will come after you with Rape case.

 

You need to settle with her. Find an end. Then start new life.

 

Just imagine your ex wife files case on you and after couple of years your current live-in will file. If they join hands , then no wrath like a scroned women.

 

You are doomed.

 

You having her messages becomes irrelevant as she is not bound by any legal issues.

 

You have to sort this out.

Sudhir Kumar, Advocate (Advocate)     11 December 2016

If there is a divorce her relations with other man is not extra marital.

If you are having a series of li-in then you are expsing yourself to many cases of maintenance.

 

Sudhir Kumar, Advocate (Advocate)     11 December 2016

"After getting decree few persons involved in the matter from my family and wife family settled matter from out side court"

This expressionis funny.  if there is dcree of divorce then what was left to be sorted.

 

please come clear with facts.

 

Sudhir Kumar, Advocate (Advocate)     11 December 2016

1.Whether my Ex party decree still valid or Not
 
only the person who sees the entire set of papers (may be 3 to 6 Kg).
 
2.If my ex wife file case in PS, possibilities of what sections she may file case.
 
she alone can tell. 
 
3.Before going to remarry what precautions i need to take.
 
you should have a valid divorce.

Sudhir Kumar, Advocate (Advocate)     11 December 2016

some more facts are at  https://www.lawyersclubindia.com/forum/After-divorce-livein-relationship-140051.asp

Sudhir Kumar, Advocate (Advocate)     11 December 2016

fresh query at

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=132285&offset=1

Sudhir Kumar, Advocate (Advocate)     11 December 2016

also repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140051&offset=1

Sudhir Kumar, Advocate (Advocate)     21 January 2017

also repated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140051&offset=2


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