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varunraj (employee)     07 July 2008

my wife married without divorce me

As we both  were separated after one month of marriage by signing an agreement saying ready for mutual consent divorce,and all the belongings and permanent alimony amount of 1 lac was settled at that time.now 5 yrs rolled over.Whenever we approch for legal divorce,they started threatening and demanding more money as they dont cooperate in this matter.Now i came to know that she got married(without registering) somebody else from her relation(seems to know everything about our matters).Now im in lonely land without any future.Please help out in this problem.


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 16 Replies

RAM DEO KAKRA (ADVOCATE )     07 July 2008

DIVORCE BY WAY OF AGREEMENT NOTFORCEABLE. GATHER ALL INFORMATION &EVIDENCE OF UR SPOUCE REMARRAIGE AND FILE POLICE CASE AS WELL AS FILE DIVORCE SUIT AT UR JURIDICTIONAL FAMILY COURT

K.C.Suresh (Advocate)     08 July 2008

No provision for criminal remedy. File divorce suit. Agreement is a meterial evidence.

Guest (n/a)     08 July 2008

what are the things will be the evidence?They didnot register their marriage.

podicheti.srinivas (advocate/legal consultant)     08 July 2008

the marriage of you and your spouse is still subsiting in the eye of law.until and unless you get a decree of divorce from acompetent court  having jurisdiction .now you have an option to file a criminal case under section 494 of indian penal code for marrying again during the lifetime of you that is the husband without a divorce.you have to gather proper evidence against your wife that she was married again like photographs of marriage any witnesses who have witnessed the solomnisation of marriage.This case will also be a good ground for your divorce.

Ajay kumar singh (Advocate)     08 July 2008

Take recourse of sec.494 I.P.C.

Sarvesh Kumar Sharma Advocate (Advocacy)     09 July 2008

go to your police station and file a f.i.r. u/s-494 ipc

Guest (n/a)     09 July 2008

 


Hi,as far as i concluded from your statments u want to know is second marriage is valid, no its not valid,as she had not divorced u and is a matter of evidence whether she is now legally married to other person,dissolution by way of agreement is not divorce.the alimony &maintenance u already gave her is not the solution unless and otherwise decreed from the court that it is full & final settelment.and u can also prosecute him under section 494 indian penal code,if u hav got evidences of her remarriage without lawfully divorced from u & punishment shall be imprisonment of either description for a term which may extend to seven years,and shall also be liable to fine.

Kanhaiya Singh (Advocate)     09 July 2008

You can prosecute your spouse u/s 494 IPC and all evidences including taking of seven steps before the sacred fire at the time of your spouse's second marriage if both of them are the Hindus, are essential evidence to prove the charges.

Mohit Attri (lawyer)     26 July 2008

u can file a case of bigamy.

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     30 July 2008

you have 2 type of remedy one is you can file bigamy against your wife and the person who has married your wife.  if you could not take the proof of therir marriage you can file adultry case against the person, but you have to prove it.

rupesh (Engg)     02 July 2011

sir i have my marriage evidence only marriage card and some my home picture i have no pic or 7step and jai-mala pic's  and no video's, so what i do, when my wife remarriage again because her father and mother help her. she is still on her home and doing Govt. job in bank.

not come also not agree mutual divorce, she diserting me i file sect.9 but date-date ...... 6 month past i filed my case in faimly court.  

mrgop (Owner)     02 July 2011

She already remarried illegally and evenafter that not ready to give divorce means she wants either more money from you or destroy your future. So, I don't think you can escape only by taking legal action against her as it will take many years and strong evidences. The best you can do now is hire  gang people and make her and especially her so called second husband's life really miserable. Never file any cases against her illegal relation before collecting strong evidences. In some situations we need to resort illegal means for early justice!
 

Kanhaiya Singh (Advocate)     03 July 2011

Please ! do not advise any one to take illeagl recourse.

rupesh (Engg)     13 August 2011

You can prosecute your spouse u/s 494 IPC and all evidences including taking of seven steps before the sacred fire at the time of your spouse's second marriage if both of them are the Hindus, are essential evidence to prove the charges.

sir, above massage is ur,

sir, in hindu girl not get 7step again of fire after 1 time done already marriaged. so what is the proof of marriage photo and video also.

so what is ur ......openion on this matter, this type of matter make market of prostitution if husbend mantly disturb, or good for if husbend a scientist,doctor,engineer as a self dipendent. other wise not good for our country this is nasessory to change law.


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