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(Guest)

Remarriage steps & 498a in progress

dear lawyers, members -  i have filed divorce, contested and obtained by showing evidences of ex-wife behaviour and etc.etc. girl baby is 4 years old now, and dont know am the father. i have let it that way and did not file for visiting rights or custody, as i feel it is good to keep it uknown rather than making it painful to visit every week. i am paying monthly amount for the child into ex-wife's account, and committed to make it till baby finishes her education/marriage.

 

present concerns: i never thought of getting married as i dont have great ideas about woman anymore. however, recent incidents on health of parents and my own, making me to think on this. basically, there was no one to take me to the hospital in the night. so, apparently, i need a company for next phase of life, also there is a possibility our indian judicial system will help her to reopen the divorce case if she goes to HC or by any means. my lawyer is suggesting me to get married to protect my divorce.

 

opportunity to start life: a relative's daughter is willing to marry me ever since divorce case started, in fact waiting for me to say something last one year without getting married. her family is poor (both parents not educated and not having any proper work/salary), she has masters degree .

 

how to procceed now: while, yes, i have to bounce back in life, i dont want to get into any NEW issues in life as am already 38. will there be any issues of getting married to her. should i ask her to write any bond or document to state she knows the facts about me, and as a precautionary measure ask her parents to write down on things like no dowry is given/taken..etc.

 

498a: discharge petition is pending for 10 months in lower court. trial has not started. will remarriage impact my 498a proceedings? i am 100% confident of winning this case.

 

kindly let me know your thoughts. thanks everyone.



Learning

 13 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     25 September 2016

Sir, 

 

Have faith in god and go ahead. Nothing to worry. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

whatnot   25 September 2016

let by gone be bygone.

Live your life.

 

Sachin (N.A)     25 September 2016

Your remarriage will not affect trial pending against you.

 

laxmi kant joshi (instructor)     25 September 2016

You didn't mentioned when you had obtained the divorce decree , if it is more than 90 days and she didn't go for an appeal then you can without fear move ahead and remarry , this didn't effect your other cases .

(Guest)

divorce was obtained 7 months back


(Guest)

dear martin - people come here to share their experiences and looking for guidance from lawyers. kindly understand no body comes here for fun. otherwise, if you believe so, please lead us by example by picking up vyapam scam, kaveri issue, aarushi talwar cases - show your brilliance sir. we will come behind you. thank you.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     25 September 2016

There are advocates on both sides so cases will be there.Normally 498A is not much problem but maintenance and DV act have draconian provisions.

 

Still if you have a partner ready to come into your life  yes  you can move ahead. Not essential to get married.Give her proper security and both can lead a happy life.

 

Take care that you do not register the marriage whatever the temptation , otherwise two adults living in same house with consent is not illegal at atl.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     25 September 2016

Divorce is not final word in Indian legal system.Do not imagine that finacial liaiblities will end after Divorce , more so when your earlier spouse is single and you marry again.

 

 

Two examples what happens -

1) Patna High Court Sri Rajesh Kumar vs Smt. Pushpa  2016

 

Whether dismissal of a Special Leave Petition by the Supreme Court against an order, passed in an appeal arising out of a decree granted for judicial separation, bar a petition for review of the appellate decree, whereby the decree for judicial separation stood set aside? Subsequent to the granting of decree for judicial separation, when a marriage is dissolved by a decree of divorce and one of the parties after the decree of divorce had solemnized his marriage and fathered children, whether these facts are relevant for consideration at the time, when an appellate Patna High Court C. REV. No.4 of 2016 dt.16 -09-2016 Court considers the sustainability of the decree for judicial separation? What are the fall out or the effect, when a person, having received the decree for judicial separation applies, for divorce, the decree for dissolution is granted and he remarries and fathers children? Whether these facts are relevant for consideration, in an appeal, which arises out of the decree for judicial separation, and whether these facts, if relevant, have a bearing on outcome of appeal? Whether such a development, which is subsequent to the granting of a decree for judicial separation, is an aspect, which must necessarily be taken into account by appellate Court before it chooses to interfere with the decree for judicial separation?

 

 

ULTIMATELY THE DIVORCE WAS UPHELD  IN ABOVE JUDGMENT  BUT AFTER ALONG TEDIOUS LEGAL JOOURNEY.

 

2) SUPREME COURT OF INDIA.

SHAMIM BANO   VS  ASHRAF KHAN   2014.

Married in 1993 divorced as per Muslim law in 1997 and IN 2014   SC DIRECTED THAT

 

As the Magistrate still retains the power of granting maintenance under Section 125 of the Code to a divorced Muslim woman.

 

It would  be open to the appellant-wife to file a fresh application for  grant of interim maintenance

innocenthusband   25 September 2016

Originally posted by : kindness
dear lawyers, members -  i have filed divorce, contested and obtained by showing evidences of ex-wife behaviour and etc.etc. girl baby is 4 years old now, and dont know am the father. i have let it that way and did not file for visiting rights or custody, as i feel it is good to keep it uknown rather than making it painful to visit every week. i am paying monthly amount for the child into ex-wife's account, and committed to make it till baby finishes her education/marriage.

 

present concerns: i never thought of getting married as i dont have great ideas about woman anymore. however, recent incidents on health of parents and my own, making me to think on this. basically, there was no one to take me to the hospital in the night. so, apparently, i need a company for next phase of life, also there is a possibility our indian judicial system will help her to reopen the divorce case if she goes to HC or by any means. my lawyer is suggesting me to get married to protect my divorce.

 

opportunity to start life: a relative's daughter is willing to marry me ever since divorce case started, in fact waiting for me to say something last one year without getting married. her family is poor (both parents not educated and not having any proper work/salary), she has masters degree .

 

how to procceed now: while, yes, i have to bounce back in life, i dont want to get into any NEW issues in life as am already 38. will there be any issues of getting married to her. should i ask her to write any bond or document to state she knows the facts about me, and as a precautionary measure ask her parents to write down on things like no dowry is given/taken..etc.

 

498a: discharge petition is pending for 10 months in lower court. trial has not started. will remarriage impact my 498a proceedings? i am 100% confident of winning this case.

 

kindly let me know your thoughts. thanks everyone.

 

 

Many of of us fall into traps like 498a because we never took the time to understand our partners before marriage. Arranged marriage is dead in India now. What a woman wants the most out of marriage is s*xual compatibility and a well earning husband. Take one of these away and the marriage crumbles. Try to embark into a relationship with the relatives daughter. There are a number of things you need to understand about her. Is she compatible with you? Does she share your temperament? Is she willing to take care of your child? 

 

It's a tough job for any non divorcee to marry a divorcee. In most cases the women are pressured to marry. No non divorcee women wants to marry a divorcee. If they do, it's for short term benefits or to get you bankrupt. Or, if they truly are in love with you (which hasn't happened yet).

 

Think long and hard and try to understand the woman you are going to marry. There are always people with a golden heart out there, but they are very, very hard to find. However, only marry when you get the gut feeling that what you're doing is right. Do not get married because you're 38, or there's no one to help you in the middle of the night. Loneliness is a part of life, you must get through it and overcome it. But if you succumb to the pressure of it, you might end up having to endure more of it.

A walk alone (-)     25 September 2016

If girls father gives in written things like no dowry is given/taken..etc. No use of it. It can't escape you if her family file any case in future. It appears from your thread you are feeling lonely and wants to married. Before taking any step just think as you are also girls father( you have girl child) can you ever thought your daughter married with divorcee? Why they wait one year? Why dnt they thought to marry their daughter to fresh one( without divorcee). Investigate them because it may possible that they know your weakness (being lonely) and they may take it as advantage. They may create problem in future. If your divorce is exparty it can reopen.

(Guest)

if this was contested divorce, should not be an issue. it is important to check background of your relative before marrying.

sai narayana   26 September 2016

Marry happily so you will win your 498a case happily


(Guest)

Thanks a lot for your valuable thoughts everyone - A walk alone, innocenthusband, ADVOCATE TRILOK, laxmi kant joshi, Kapil Chandna, whatnot. thanks again.


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