LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Viswadev   09 March 2020


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


 17 Replies


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.

1 Like

Shashi Dhara   09 March 2020

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.

Shashi Dhara   09 March 2020

Even you get decree for maintenance enforcing is too difficult. Nowadays advocates are not interested in executing decree for its difficult to execute.

Viswadev   09 March 2020

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..

Shashi Dhara   09 March 2020

Don't loose hopes try to execute decree you get justice .if he has any immovable property take attachment for sale

Naresh Dhanjal   09 March 2020

which year did he go to bahrain?

Free Legal Help India   10 March 2020


Advocate Suneel Moudgil (Advocate)     10 March 2020

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

1 Like

TGK REDDI   10 March 2020

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

TGK REDDI   10 March 2020

I suggest men, " Don't marry; be happy."

Alamgir Shaikh   13 March 2020

My sister want seperation from her husband as her husband is not a tolerable anymore.my sister has two kids. Her husband mane problem is he work for one day and didn't go for work next 10 to 15 days and ultimately they gave money crises then he send my sister for lending money from neighbouring or sometimes from our house and when she didn't do that he toucher her . When he failed by all the way then he took small loan which also unable to repay.
Secondly he has a problem of my sister Lough or smiles.if my sister smiles along with the relative or someone that also he has a when my sister talk with us on phone and if she Lough then he creat a big issue like he will beat her. As our family financial condition is not good hence my sister didn't speak up with us but now it's intolerable to her.
So could you people please help me what I should do for her divorce or what is the legal way or process to do so.please help me.

Shashi Dhara   14 March 2020

File suit for maintenance for wife and children against him and also file divorce petition that her husband is irresponsible ,careless,cruel man in court oflaw

Advocate Suneel Moudgil (Advocate)     14 March 2020

if your sister wants to remain in the matrimonial relationship, then, try to settle the matter amicably involving elders/relatives/friends etc and ask her to start afresh


if she wants to terminate the matrimonial knot, then, try to settle the matter amicably with the husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and your sister will be free to live life wishfully, 

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.


1 Like

Advocate Suneel Moudgil (Advocate)     14 March 2020

if failed, your sister can file/claim

1. 498a complaint (for causing mental, emotional, physical and monetary abuse,)

2. Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

3. she can claim residence, protection, compensation, maintenance, 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register