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Kailas A. Kumbhar (owner)     10 October 2013

Second marriage

hi all,

I am kailas from Nashik.

I found external affair of my wife and as a good person I told this matter to her parents. But they filed a case against me under 498A in 2008. Case result came from my side. I have filed divorce petition in last year in family court. But progress is very slow.

Now I want to do second marriage. Is it possiible at this stage?

If yes, what should I do?

Pls guide me.

Kailas Kumbhar



Learning

 10 Replies

sandykrish (Interested in Family LAW)     10 October 2013

Please wait for case to close, otherwise you will land up in a big trouble. Always have patience during divorce cases. If any thing which is already in the wing try for MCD which most of times is done via financial compensation. The choice is yours. These contested divorce can be even dragged till 10 years

Laxmi Kant Joshi (Advocate )     10 October 2013

No, wait for final decree in favour of you and rest 90 Days more if appeal is not done by other party against decree. Otherwise you will be charged for bigamy u/s 494 ipc , and according to hindu marriage act without giving divorce to first wife second marriage is an offence and It becomes null and void.

2BHelpfull (Other)     10 October 2013

if u do second marriage pending the divorse case with the 1st .u will be in gr8 trouble.

 

u must wait for the final decree on the divorse to be passed  n wait for another 90 days from passing the decree ,to make the decree full n final,

n then u r free to remarry.


(Guest)
Originally posted by : Kailas A. Kumbhar

hi all,

I am kailas from Nashik.

I found external affair of my wife and as a good person I told this matter to her parents. But they filed a case against me under 498A in 2008. Case result came from my side. I have filed divorce petition in last year in family court. But progress is very slow.

Now I want to do second marriage. Is it possiible at this stage?

If yes, what should I do?

Pls guide me.

Kailas Kumbhar


Second marriage legally not possible.  It will  amount to bigamy and you go sit in jail for 7years.


But illegally u can tie the knot or what I would suggest is go for live-in-relationship.

karthik (divorce applicant)     10 October 2013

Illegally you can tie a knot with out any evidence, but the new wife should cooperate with you in all aspects otherwise you should face severe consequences.. but you can't expect divorce that easy in india unless your lawyer honestly fights, otherwise divorce case will be dragged till petitioner/respondent end their life..

T. Kalaiselvan, Advocate (Advocate)     10 October 2013

The simple answer to your question about marrying another girl during the pendency of your divorce  petition is "NO", if you do so, the 2nd one will be Null and Void besides attracting punitive action against you for the offences of bigamy.  Your second wife also can be dragged into the criminal case.  Hence please wait patiently, further more the lawyers and the judges are not God so that they can decide everything at one stroke merely based on the petition averments.  A case before a court has to be heard properly, both the parties are to be given sufficient chances to prove their case, application for natural justice is also to be made, besides, lot of other practical difficulties prevail which form part of the reasons due to which a case is getting delayed, thus better be careful in taking a hurried decision about another eventful disaster in your life.

NeedHelp (I)     13 October 2013

what proof u have submitted to prove affair?

Kailas A. Kumbhar (owner)     14 October 2013

i didnt given any proof, becouse I dont have any proof, only verble communication,

Kailas A. Kumbhar (owner)     14 October 2013

Thanks to all,

I got proper guidance here.

NeedHelp (I)     14 October 2013

only verble communication? did judge accept this, they need solid proof right?

 

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