karthik (divorce applicant) 09 September 2013

adultery

Married in Apr 2010 lived for four months after that came to know she is cheating me she is having extra marital affairs i was in jeopardy whether to tell this matter to frnds/family, instead opened my mouth and asked whats going on, she openly told i had affairs before my marriage and she want to live her life as she like and i should not object her, but i donno why she married me, later she bought her parents and moved to some other house in same city as she is working and filed a false 498a through court, later tried to convience their parents and her to go for a mutual divorce if they wish but they refused and openly telling we dont give you divorce, we wont let you marry again, we tried to convince them with all possible ways but still they are hiding some where in bangalore and are not coming for any dialogues but she is njyoing her life and want me to suffer. but her enjoyments cannot be proved that easily as their parents are habituated to her salary and dependent on her for their lively hood they are cooperating and supporting her in all ways..

so vexed with those methods filed for a divorce in Nov-12 my native place/married place she approached supreme court to transfer to bangalore and i know that this divorce case wont come to an end it will run as many years as possbile by misusing the loopholes in our legal system, even if i get divorce they will approach high court or higher to drag this as many years as possible, i heard like some cases are running for more than 20years or so..

so my parents are really worried about my future as i'm lonely son to them and my age is 35 now they are insisting me to marry someone in my relatives secretly even my advocates are advising the same telling noting happens if you marry secretly with out any evidence

my question is this can be done/not?

if i marry without evidence and live together does it considered as bigamy/live-in relation/ adultery?

is there any law in india for live-in relation?

what are the cases they can file if i marry without evidence and live together?

Reply Follow

10 Replies

**Victim** (job) 09 September 2013

Karthik my thinking is - your inlaws won't do anything until you make them do something.

If you are able to prove her extra marital affair then you can file IPC 497 on her and then after going through hell she will come to some conclusion with you.

(Guest)

Karthik....try to find evidences of her previous relationship by which you can prove that she is an adulterous wife which is tricky....on the otherhand if I will not suggest you to marry once again and create a pitthole for future where u can fall anyday yes u can stay in a live in relationship and dont worry after few years of litigation both the parties get exhausted for further info call 09711259959

gd dy (gd dy) 09 September 2013

she approached supreme court to transfer to bangalore

in tht case u must hv some communication in connection with order of sc either direct or any channel. thrgh order u must come to knw her present whereabout.

Shantanu Wavhal (Worker) 09 September 2013

dont remarry / livein without divorce.

otherwise,

1st wife can prosecute u for IPC 497

2nd can file DV - IPC 495

both wives may prosecute u for IPC 494

get divorce decree first.

karthik (divorce applicant) 09 September 2013

you are right, I went to that address but it is fake one she is not living there.. Her relatives are helping with that fake address. i asked my lawyer for any way to screw them that they have provided a fake address, but he told me like if they reply to our notices then we can't prove that it is fake address. and also i'm not contesting that transfer case, i intentionally filed divorce case in my native so that they face some trouble in transferring and also there are chances of settling the case with her lawyer in my native but it didn't happen :(

Saurabh..V (Law Consultant) 09 September 2013

@Author

It is little unexpected from an Indian girl who is neither seeking money from you but yet not going for divorce. Although motive is not important to have a criminal intention, however, it does form an important factor in justifying the chronology of events.

I think you must rethink your position. If your wife is living in "Adultery" then, certainly she must have phone call records showing that she was talking to other male(s). But still it does not prove anything in the court of law.

I think you should have filed for divorce on the grounds of desertion. If she has filed for 498a then there must be some grounds. Why don't you seek "mediation" from the concerned court? If she does not appear then it would be in your favor.

All the best!

//peace

/Saurabh..V

richa sharma (jaipur) 09 September 2013

helo , u do not marry again becoz if she proved that u have second marrige .

u will culpit for bigamy

and u will be have extra charge of bigamy

NRI Legal Consulting (Consultant) 09 September 2013

Dear Sir firtly you have to give divorce to your wife then you can marry with another girl.

karthik (divorce applicant) 09 September 2013

no second marriage yet, but looking at the condition of my old parents thinking of options and that is why i posted what are the pro and corns of getting married with out divorce.. Thanks all for responding to my concerns @Author: she is a s/w engineer and a technical lady, hailed from a small village in AP and she as in US for a period of 1 year in US, she changed her mobile numbers as soon as she left my house, and she is maintaining more than one number as every one know getting a sim is not a big problem.. she marriage me just for the society after marriage i came to know her real instincts i went to her village and enquired before that time her parents who are living in tht village ran away leaving their home. from last two years they are staying in bangalore but no address nothing.. i thought of mediation in my native court but she filed a counter petition saying she is ready to live a happy life with me after four calls she once attended the court and filed for a transfer petition in SC, i didn't contested thinking of get it transfer in bangalore, i doono how long SC will take to transfer the petition to bangalore or dismiss the Transfer petition.. in between i wasted lot of time first year coz i didn't completed one year later thinking whether to file RCR or divorce like that donno when i will get out of this mess