heeralal 24 July 2015

Divorce on extra marital relation ground

Respected Lawyers,

Would like to know, if following ground is enough to file divorce from my wife and what are the chances of success and what, if she does not appear in court and i have no information about her location.

she is involved in extra merital relations.
She married in court with someone, without getting divorce from me.
She has sent some of obscene videos / photos to some, whom she was involved in relation ( Other than the guy, whom she got married)
She is staying in another city and working.
She is sending kind of threatning messages ( to make my life miserable)

I have lot of proff's in support of my claim. What are the chances that she can be jailed ( for getting married to another person, without getting divorce from me)

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6 Replies

DR. DIMPLE JINDAL (ADV.) (Advocate) 24 July 2015

Your wife is liable to charge under the offence of "Bigamy". The details of this offence are given as under.

Punishment of bigamy in India,sec.494 and 495 of IPC.

Punishment of bigamy. Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860 ) Code shall apply accordingly.

Section 494 in The Indian Penal Code, 1860

494. Marrying again during lifetime of husband or wife.– Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, and shall also be liable to fine. Exception.- This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Section 495 in The Indian Penal Code, 1860

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.– Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descriptttion for a term which may extend to ten years, and shall also be liable to fine.

DR. DIMPLE JINDAL (ADV.) (Advocate) 24 July 2015

you can file divorcee petition but you have to prove the things which you have mention in your query.

heeralal 28 July 2015

Well, I was expecting more replies from respected lawyers. anyway, Thanks Mr. Jindle for your comments.

My next question is that

I do not know exactly her whereabouts, except that city she lives in, so how will court summon her.
How long it might take the decree to be given, if i submit the proofs, even if she does not appear.
Can her photos in vulgar postion ( alone in photos) be considered to prove her characterlessness.

DR. DIMPLE JINDAL (ADV.) (Advocate) 28 July 2015

1. Summons can be send at the last residing address of the accused.

2. Matter of time depends upon the case to case. There are no hard and fast guidelines.

3. I think it is not.

heeralal 08 February 2016

I got an Ex-party divorce decree , however I am yet to receive the judgement copy. I have following query.

The decree was granted by competent authority in one particular district. Now if the other party want to appeal against this order, where can the appeal be made, ie. in the same family court from where the decree was granted OR in high court of that particular state.
What is the maximum time, the appeal can be made. I read somewhere it is one month and somewhere it is three month.
If the decree was granted based on some of the proofs beings submitted, not only because the other party did not appear during any of the hearings except only one, where the party signed the appearance, what are the chances that appellate authority can revert the decision of lower court.
Now can the other party forcefully enter my parental house.