Upgrad LLM

marriage without divorce


Hello sir/madam,

My wife filed case 498,125 against me after two month of marriage. Since than we are living seperate for more than one and half year.

Now she has taken back all cases with mutual. We have documented agreed to live seperate in presence of cummunity people which is also resgered from registrar office.

Some how, now she is not agreeing to file mutual divorce from court.

Pleaes suggest my if i cant do second marriage or not.

 
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SSE

You can not perform second marriage without getting Divorce Decree from Court. It is against the Law.


Total likes : 1 times

 
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If i file seperate case for divorce than how much time i will take on basis of above ground and what i the process.

 
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Senior Partner

1. In my opinion there is no good ground emerging want of divorce the way your brief may get interpreted.

2. Both of you agreed for living 'seperately" which simply means marriage still exists but two spouse choosen to live seperately i.e. no cohabitation between couple as husband and wife. If this is the ground then wait for 1 year and then apprach Court and press for divorce as spouse have not been cohabiting for long.

3. However at the time of talks before community members it would have been better if some explicitly agreement on 'mutual consent dissolving marriage' would have arrived at instead of just coming to agreement as 'decided mutually to live seperately in front of community members'.


4. If today you file for divorce in my views I doubt Court will help you sooner than 2 - 3 - 4 years to dissolve marriage. Best is to again involve community members and present views on 'mutual consent divorce' and then approach Court jointly filing a mutual consent divorce suit. With this approach she / her side will come clear on ways (terms and conditions) to part away mutually once for good.

 
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1) What all steps she can take if i perform second marriage ?

2) Is she also can file case against my second wife?

My life and career is ceased due this. I want start my life again. please suggest.

Regards...

 
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Worker

after 2yrs desertation, you may get divorce by court.

customary divorce/separation in front of relatives etc is not legal.

so dont ever even think of  2nd marriage without obtaining a divorce decree from court. 

 
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Voluntary Client Attorney Consumer Aribtrator

Go to pakistan and meet Hina Rabbani, become a Sunni Muslim ,get married to Hina's sisters or cousins and join ISI. NO ONE CAN TOUCH YOU once you give up Indian citizenship a swear oath of allegiance to Pakistan.


Total likes : 2 times

 
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Senior Partner

 

Originally posted by :badal

"

1 What all steps she can take if i perform second marriage ?
Take: It is against Law of the land to re-marry when first marriage not dissolved. She can make your second life more miserable once she gets to know of your re-marriage without divorce and Court sympathy is more towards her in such situations.

2 Is she also can file case against my second wife?
Take: Second wife will be a party but Court will protect her interest but will not take your cause lightly.

My life and career is ceased due this. I want start my life again. please suggest.
Take: Best is to beg before her / her family to set you free and the moment you do so you have to agree to some of their terms and conditions but involve some neutral elders during such talks. You have no other option now in hand to start fresh.

I agree to Amit's second line.

I disagree to advise of above (female) writer.

"


Total likes : 1 times

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Badal

according to section 494 IPC

Section 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 descripttion 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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

 

State Amendment

 

Andhra Pradesh

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

 
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Celebrating the return of my Aunty

Originally posted by :Tajobsindia
" I disagree to advise of above (female) writer.

 
 

 

 

If his daughter and bhatijee give a wrong advice,he ridicules them.

 

If another male also does so,he gives a long lecture,etc.

 

But in case of above female whose advice he did not agree ith,he simply said "I disagree".

 

This is the first tiime chacha has disagreed with a female so politely.

 

..............................................................................................................................................................................

 

Also I have been noticing that Tajobs was being very polite with those female American attorneys.

 

Thus,I am seeing for the 1st time him behavinng normally with any female on LCI,which is NOT HIS NATURE

Lagta hai Tajob unhe dekhke...............................

...................................................................................................................................................................................

 

 

 

Thora sa pyaar hua hai


Thora hai baaki;)

 
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