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Preeti Joshi (student)     16 February 2014

Second wife, not behaving nor divorcing

I have a friend with a problem - He got divorced from first wife after 2 decades of marriage. First wife and son (both working in USA) are no longer in contact.

He married second time as per HMA. But second wife (a divorcee woman without custody of her two children) insists on not doing any house hold work and demands jewelery and flat in her maiden name. (She did not sign marriage registration application and insisted on taking Adhar card and passport in maiden name after the second marriage). She left my friends house and went home 6 months after marriage due to fights on these issues.  She was called back by my friend under conditions that she behaves but the same story repeated.  She kept making demands for taking his flat in her name.

His mother is invalid and needs him to be with her. So he sold his flat to pay his debts and went to his mothers place.She did not want to come to his mothers house to stay or take care of her.  She refused to come there and went away.  Now he is single handedly taking care of an invalid 80 year mother for last 2 years. The second wife is a working woman and had been alone for 9 years between marrying my friend and her first divorce. She went back to her house where she had lived during that time.

Now she does not promise to behave, does not give divorce, gives threats on phone. Being so much troubled, now even my friend does not want her back. But how can he be rid of the whole issue? What should he do?



Learning

 6 Replies

gautam (not disclosed)     16 February 2014

File divorce on basis Of mental cruelty

Shantanu Wavhal (Worker)     16 February 2014

tell ur friend to keep recording her threats over phone.

just wait and let her take legal steps.


(Guest)

Jhelo, shaadi karo toh jhelne ki taaqat he toh karo shaadi.  Jhelnahi sakte?  Apply for divorce.  Same old routine, convince her, pay her hefty money, get MCD.  She wont budge and dont agree for MCD..? Ghoda hai maindaan he.   Ghoda daudega, jab tak  taaqat ho, ek din thakhega toh divorce miljayega.  One thing is very important, strength.  Marry.. you need strength to jehlo.  File divorce..? You need strength to roam to courts for 5-6 years.  Money or no money, but strength is very much required. :-))


Isse behtar toh yahi tha ki koi maid rakhlo, ek khaana banane, ek ghar ki saaf safai karne.  Phir court ke chakkar kaatne ka naubat na aati.


Start collecting evidence of cruelty which will form the basis for asking divorce, then do as required.

Preeti Joshi (student)     19 February 2014

Thank you, Gautam Amit and Helping hand!. 

Could you also let me know what all causes she can create trouble on and will there be any limitation for her to file the cases?

For instance, since she has gone away for about 2 years now, and has been working both pre and post her second marriage to my friend, then can she still file for allimony or anything?

Marriage was not registered at her reluctance only. And two years ago when she went away, all her belongings had been taken by her or had been sent over by my friend to her parents house.

How long can she still file a case?  is there any limitation? Or does my friend have to live rest of life in fear that she would file?

Preeti Joshi (student)     19 February 2014

Thank you, Gautam Amit and Helping hand!. 

1.Could you also let me know what all causes she can create trouble on and will there be any limitation for her to file the cases?

2. For instance, since she has gone away for about 2 years now, and has been working both pre and post her second marriage to my friend, then can she still file for allimony or anything?

3. Marriage was not registered at her reluctance only. And two years ago when she went away, all her belongings had been taken by her or had been sent over by my friend to her parents house.

4. How long can she still file a case?  is there any limitation? Or does my friend have to live rest of life in fear that she would file?

5. He lives alone with his ailing and old mother who does not have any family woman to help her. He takes care of her himself. Can he look for marrying again? If yes when? (This he feels because, he has come to know that she had put up her profile for a remarrying on matrimonial portal recently.)

Shantanu Wavhal (Worker)     19 February 2014

remarriage without divorce is offense.

do not break your head thinking - what will she do ? when will she do ? how will she do ??

lets cross the bridge as and when we come across the same.

no limitation - she can file any cases any time - its her legal right, being legal wife.


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