Divorce


Sir. My brother in law was caught red handedly with an extra marital affair in the year 2014, since then my sister and he are not living together. We filed a case and the same has been brought in front of law. Another issue is he has took loan on my sisters name and also used her credit card and which led her to a dept of around 5 lakh.. She struggled a lot to repay but in vain we had to requested the bank to wait till the settlement. Mean while her husband flew away to Bahrain and started working there. Honorable court has given the justice and told to recover the amount and give 5000 per month for maintenance for my sister and her 6 yrs old daughter. But he is not traceable and hence the verdict cannot be implemented. Now we are planning for her re marriage however she is not willing but she is just 31 yes old... I need your valuable advice whether she can get married as he is not traceable.. is there any provision for the same
 
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High Court Advocate IPR Attorney and RTI Activist

As per the facts, your sister cannot perform the second marriage during the subsistence of the 1st marriage, because the second marriage during the subsistence of 1st marrige is an offence of Bigamy under IPC.

Because the marrige of 1st husband is not disscolved by way of divorce decree/ judgment by a competent.


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Re marriage is not solution or remedy already one marriage has failed another may ruin or become disaster so it is better let she be try to become independent.falling on same pit is pitiable.now she has to server her daughter also.her idiot husband has absconded..think before.dont force her to remarry .31years is not big age.
 
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Even you get decree for maintenance enforcing is too difficult. Nowadays advocates are not interested in executing decree for its difficult to execute.
 
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No we not at all compel her for her second marriage for sure... But atleast she should be separated and have to relieve her from debts. Judiciary system is so week that the offender is roaming free and the innocent is suffering with her daughter..
 
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Don't loose hopes try to execute decree you get justice .if he has any immovable property take attachment for sale
 
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which year did he go to bahrain?
 
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PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.
 
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1. your sister can file a contested divorce case on the grounds of cruelty, desertion, separation

2. in case, he doesn't appear, she will get the ex parte decree and can remarry after obtaining the decree and lapse of the appeal period


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I completely agree with Shri Suneel Moudgil because the person wishing to remarry is a she.

 
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