Pending divorce case, want to remarry!


Hi,

My wife left me for another guy and has put several false cases including 498a and DV against me. I filed for divorce in 2012. She keeps putting false cases and delaying the trial. The 498A case is going on since 3 years and the divorce case is pending since 2 years. There is no evident end to this. She has demanded alimony of 2 Cr.  (outside the court) and yet there is no confirmed word that she would take back the cases.

I like another girl and want to move on in my life. Is there any way that we can safely start our life together inspite of the ongoing divorce case? Me and my wife have been separated for more than 3 years now!!

I want to know what could be the legal implications if she comes to know about this other girl in my life? What is the worst case scenario? 

I am ready to take any extreme measures in order to start my life again. Will me converting to Islam help? Just a thought...

Any help is much appreciated. Please advice!

Thanks.

 
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Lawyer

A Hindu, if remarries during subsistance of marriage is liable for punishment of bigamy.

 
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IT professional Studying Law

Respected Vashista Sir, has put this in very Simple terms ->A Hindu, if remarries during subsistance of marriage is liable for punishment of bigamy.

Also please Note: understand you frustration but your "extreme measures" can land you in further troubles and complications as courts are not blind to this fact.

Ask your lawyer to go for quash proceedings in the respective court if they are further prolonging the case

Also they are other legal provisions for prayer  for speedy disposal of the case. Your lawyer should advise accordingly.

 
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Advocate

Yes you can remarry pending Divorce proceedings if you change your religion from Hindu to Muslim and publicize it.. DELAY IN JUSTICE MEANS DENIAL OF JUSTICE.  in your case justice has been denied.

 
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Lawyer

Sir dont marry untill you are divorced. However, you can live with your friend but make sure you dont involve in any marriage. Regards Advocate Pradeep kumar 9871765000
 
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Advocate

I agree with you that if you and the proposed girl are embracing Islam religion and are recognized as Muslims, you both may marry each other as per Islamic rites and customs, you can proceed with your proposal if you feel frustrated over the inordinate delay in the ensuing court cases but make sure that you are doing them legally so that you are not trapped into one more offence, better play safe.

 
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Adv. Vashista is right. You cannot marry anyone until you divorce your current wife. Even if you embrace islam at this point, still your wife will have the legal right to prosecute you with bigamy charges. I seriously doubt why some of our advocates are suggesting you a way but as far as my knowledge goes, thats still illegal and criminal. Stay away from such acts. Don't screw yourself and the girl associated with you.

 
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Lawyer

I fully agree and endorse the frank view, opinion and advise of Mr./Ms. Stalker and reprodce the same as "Stay away from such acts. Don't screw yourself and the girl associated with you".

 
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Advocate

Although I left this Forum yet I AM TAKING LIBERTY TO INTERVENE IN THIS QUERY  as I OPINED TO THIS QUERY EARLIER which is being retrogressed by the other Experts At the outset I say (although some body may not agree with me ) a Lawyer is an Advocate only when he by his weapon or art of his advocacy can create controversy in law to come out from the rigour of law by picking up its flaws. To come out from the rigour of law one needs a person who knows where is the letter 'F' out of 26 English alphabets which he can put before the word the' law' to make it a flaw. Secondly , I say law is often changing or amendment is being made due to such controversy in law. Thirdly , I say  'GOLOKNATH ' case reversed the earlier decision of the Supreme Court.. Thirdly I say in recent times one of the Ex- Judge of the Supreme Court openly challanged the legal competence and power of the Hon'ble Chief Justice of India. All these facts prove that DOG can be changed into GOD and vice-versa. Now I AM COMING TO DISCUSS THE PRESENT QUERY. The question of Bigamy attracts Sec. 494 IPC  which has some exceptions also. Besides, it is stated in the query that the wife is with the another male person.  By using these two facts evidently  one can easily come out from the question of Bigamy..

 
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