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dr.kishore (C.A.)     05 March 2012

My wife doing second marriage

Sir,

myself and my girl freind were in love since march 2007. around Jan 2009, her parents started looking groom for my girlfriend. fearing, her parents may force to marry her with some one else. we both decided to do register marriage. so we got married on 27 apr 2009. friends from my side were present as witness. then due to some family problems, we could not disclose to our parents. she was staying with her parents since then. now her parents again started to search groom for her. in feb 2012 she started to act accordingly to her parents and now she is saying that, she wants to marry according to her parents will and when i tried to approach her parents, her parents rejected me. then i disclosed them about our marriage. then also they are denying, and now my wife complained my mother that, my elder brother tried to s*xually abuse me, and if u try to approach my parents for patch up, she will approach court. she says we shall not disclose our marriage and i shall allow her to marry someone else. but till feb 2012 she was pretty much involved in me. suddenly she is started doing this. I love her pretty much and can't live without her. please advice how to get her back. but due to her parents concern she is not ready to come back, when i tried to contact her she uses abusive language.

I want her back. pl advice.



Learning

 16 Replies

dr.kishore (C.A.)     05 March 2012

also now she claims that, i have forced her to marry with me.

pl advice.

dr.kishore (C.A.)     05 March 2012

Marriage is consuamted. but i have no proofs. we used to go out on picnic and at hotel rooms we used to have phusical relation. entries at those hotels are on my name only.

we did marry as hindu rituals in temple and then court registration. She is claiming that my brother tried to s*xual abuse her last year. what will be consequences if i try to approach her parents? they get angry and start using bad words. what to do? her family members have almost finalised her marriage with some other guy. i even approached that guy, and told him the reality, nut he does not believe. i really love that girl. pl advice.

dr.kishore (C.A.)     05 March 2012

she claims that i have forced her to marry me. her parents are not listnening.

Tajobsindia (Senior Partner )     05 March 2012

@ Author


From your briefs before us two remedies could be suggested clubbed with generic mega reasoning which can be read at the bottom paras of the reply;

 


1. Legal remedy

  1. File S. 9 HMA suit matter in a family court in your Jurisdiction stating all that you have mentioned before us.
  2. Annex Marriage Registration certificate with suit matter.
  3. To do above hire a family law knowing Advocate.
  4. Let above suggested only suit matter mature and then come back here for next steps.


Reasoning:
Society will always blame a husband’s deligency if his wife acts waywardly means against the norms of sacrosanct marriage principles prevalent in this India
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2. Yours truly personal remedy

 

  1. Thank your stars that she flew away and getting remarried.
  2. Once her remarriage happens file divorce suit u/s 13 (1) (ia) HMA as well as a complaint case for adultery u/s 497 IPC arraying her second husband and your in-laws as A2,A3,A4 without failure.
  3. Annex Marriage Registration certificate with suit matter.
  4. To do above hire a family law knowing Advocate.
  5. Let above two suit / complaint case matters mature and then come back here for next steps.


Reasoning:
As in your brief it does not take a husband to become Newton to know that he never had any control over his wife all these days probably bze. of which she flew away and inspite of her family and her would be made aware of existing legal marriage of yours they in collusion are going ahead with her re-marriage with full knowledge read with their eyes wide open.

 

 

Both above remedies will save you and your brother and or your side of family (mother) against retaliation if any and long term solution to your status will arrive at.


Now to act upon either of the above remedies you have to stop gluing your mind, body and soul to sari, sindoor and glycerin soap operas from today and become practical in such matters.
Reasoning:
A husband is socially weak if he cannot after doing registered love marriage keep control on his wife and or cannot influence his wife to be on his side in thick and thin during their marital relationships! Society blams husband when such gossips are aired and not your wife as she is already declared victim of circumstances bechari abala nari. Which means a husbands greatest support has deceived him when he needed her the most and club this mis-trust with today’s gender biased laws where on a drop of hat ‘rape – non bailable offence” charges are already hinted upon your brother and further saving your skin from an unchaste wife before it is too late thus sari, sindoor and glycerin shall be avoided by today’s metro husband(s) is why above two available remedies are suggested here.   

 

 

PS.:
If you cannot fathom above three reasoning then wish you best of luck from family laws in days to come in advance and this is said bze before coming here you might have already done some homework and no query comes in legal portal websites as a bolt out of the blue !!!!.
Reasoning:
For two non-joinder un-willing spouses’ even any supreme divine acts of God cannot re-unite them and in this brief she and her side of family have given you enough hints so take those hints and act accordingly and re-strat a safe life with second marriage.

3 Like

Avnish Kaur (Consultant)     05 March 2012

IN UR SITUATION BEST STRATEGY  IS TO STAY CALm and let her remarry and change the game. just collect proofs of her second marriage. DONT BE AN EMOTIONAL FOOL.

hari bazi ko jeetne wala- BAAZIGAR

 

Avnish Kaur (Consultant)     05 March 2012

swagath (md)     05 March 2012

I advise if you want your wife bak File RCR(Restitution of conjugal right) in the court better way without ny complications

Avnish Kaur (Consultant)     06 March 2012

DONT CALL BACK SUCh a lady unless u and ur family want to spend rest of residual life in JAIL.

Prashant Rana (Advocate)     07 March 2012

@ Dr. Kishore

1. If you truly love her and want to save the marriage then file the petition u/s 9 of the HMA for “Restitution of Conjugal Rights” in the court. Your case is very strong on the point as you have Marriage Registration Certificate and evidences of the friend as witness of the marriage. (This remedy is helpful if she is under the influence or fear of her parents). But if she really decided to move on leaving you behind, then court practically can't help you. Court can compel her to join you but can't compel to discharge her duties as a wife towards you.  She can't marry to anyone till the petition is pending.

2. If you want to take revenge & teach her (including her family) a lessions then keep silence till she remarry and then fill for Criminal case under Sec 494, 495, 497 IPC. She is surely going to face the conviction which may extent upto 10 years.

Choice is purely yours.... Consult with a good Family matter Advocate in near by.

dr.pawan rajyan (member and secretory)     09 March 2012

keep silence,let her marry,took evidence.next day you can file for cruelity,bigamy and others proctecting you & family.if you file sec.9 now,you will be trapped in many false cases.why not think to left the past and remarry?

dr.kishore (C.A.)     09 March 2012

Sir,

the thing is i lovce her and i want her back. i dont want to take revenge. I just can't bear that she is leaving me. the thing is, till 15th feb, she was pretty much in love with me. she used to cry whenever her parents insisted to marry someone else. but unforntunately, i think her parents woud have emotionally influenced her alos her sister always tried to create problems between us. now she is under influence of both her parents and the new boy. the groom is 33 34 years old, and he also knows about our affair and i have smsd him about our marriage. still he is ready to marry my wife. and now for her, i am villain and he is hero, cz he is ready to accept her. unforntunately, she even didn't try to conince he parents for me.

pl advice how to get her back. can court intervene in better manner?

dr.pawan rajyan (member and secretory)     09 March 2012

stop to be foolish,donot take otherwise.when you meet her in court then you realise.till then be silent.

Never Give Up (Fighter)     09 March 2012

Let her go...at this point of time you would hear only allegation..if things goes worsen then it would get converted to various cases like 498a, DV and others,you and your family would end up in Jail..

 

Apply for mutual consent divorce is best option out here.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 March 2012

Broken glass can not be rejoined, be happy that you are getting easy exit.


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