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Somendra Narayan Mukherjee (director)     29 August 2012

Second marriage while the first divorce case lie pending

Dear Member,

                            I got married wayback in 2003.In 2009 my wife filed a false 498a case in Alipur Court, West Bengal. Apart from that she has also filed another cas e for maintence under IPC 125. That has past almost two yeaars. I waited for her till two years. But she didn't returned back to her in-laws and expressed me verbally about her personal declination restituting this relationship further. 

In the year 2011 i had filed a divorce case in the same court in her jurisdiction. But till date nothing has proceeded in that. Further to that in the 498A case owing to its delay my lawers has brought an expedition order from the high court to make the trial fast but the majistrate in that court is in training and it has past almost four months. The order to complete the 498a was within six months from the date of order, out of which four months went by nothing has happened.

My question is owing to the slow pace of the judiciary if I re-maary to settle second time in life will be counted as a crime in the law of law? We are living separately for more than four years.

And even if I marry socially without getting registry will it possible for my wife to prove that I am married again???

How one should defend the delay in judicial proceeding and the suffering of the litigant???

Asking for the valuable inputs from my lawyer friends since my mother is ailing and I literally need a partner in overcome my solidarity.since the youth is limited to mankind, 



Learning

 8 Replies

Tajobsindia (Senior Partner )     30 August 2012

"If Wishes Were Horses"

1. The clear answer is no.
2. Better to make a compassionate appeal to competent Court to “speed-up” process of various suit's / complaints between parties in time bound period.


2 Like

SOUMITRA SEN (SR MANAGER)     30 August 2012

Dear Mr.Mukherjee,

Please don't make the mistake of marrying afresh while your existing marriage is subsisting.It is a crime in the eye of Law and you can land up in serious legal mess.It is impermissible as per Hindu Marriage Act,1955(HMA) and your 2nd marriage will be null and void in the eye of law.

for the delay in proceddings in your 498A case,as you have got an order of the Hon'bl H.C of Kolkata for Expeditious hearing,I would suggest that since the Ld.Magistrate has gone on training,wait for one more month as training can not go one indefinitely,if even after that he doesn't resume,the you can move the Chief Judicial Magistrate,Alipur for transferring your case to another Magistrate citing the H.C order for Expeditious hearing and disposal of your case.

Inspite of the H.C order in many instances the lower Judiciary play little attention and scant respect and allow for delay.

You have not mentioned under what section you have filed the Divorce case and why there is delay in that case too(in case she is not appearing, then press for ex-parte order in your favour).why not you move the Hon'bl H.C for Expeditious hearing in that case too.Your wife will be under tremendous pressure,if she wants to oppose and defend herself ..or if she agrees for Mutual divorce then both of you can move joint petition u/s.13(b)of HMA before the court.and even the court can using u/s.142 waive off the mandatory coolling off period of 6 months and grant you divorce pronto.

1 Like

dr g balakrishnan (advocate/counsel supreme court)     30 August 2012

dr Mukherjee,

wait for orders of court. Nothing like sky will fall on you. if paching is possible get patching up . there is no gurantee new lady is angel, so it is sad known devil is better than an agel' sir.adv.dr.G.balakrishnan, advocate bombay high court 

Somendra Narayan Mukherjee (director)     30 August 2012

Sir,

         I had filed my divorce on account of dessertion and cruelty.

SOUMITRA SEN (SR MANAGER)     31 August 2012

Fine..concentrate on your Divorce case and not the 498A case.Divorce case is the most important.It will have a bearing even on the 498A case.Get a good Lawyer for all your cases,there are 2/3 very good Sr.Lawyers at Alipur Judges Court for Divorce case.If you are very confident of securing a favourable verdict in the 498A case,then a verdict in your favour in that case will also strengthen your Divorce case,on ground of Cruelty as it will be an additional act/ground  of cruelty...hold your ground and have tenacity..don't be in a hurry and make wrong decisions..all the Best.You have not mentioned if your Wife has filed any U/S.24 case in relation to the Divorce case(this is different from 125 crpc case).take each step one by one and demolish her one case after another.be patient.be careful,as she has filed 498A and 125Crpc case,there is a strong possibilty that she may also file Domestic Violence case(PWDVA),so be on the offensive.don't show any sign of weakness.

sanajy Mulaje   22 June 2015

Sir I got married in Dec2008 and my wife is nothing but my uncles(Mamas) daughter.She never lived with me as aa wife there were no any relations she loves with other and now we have two daughters it is still questionable who is father of daughters ? Regarding her relationship with me I complained to her father so many times but only due to mamas daughter I accepted her but in Dec2014 I got love letters and photos also I found one letter she wrote to her father where is written She loves with other and father of two dauhgters is her lover only now I want to free as early as possible also I am govt servent is it possible remarriage to me

Adv. Chandrasekhar (Advocate)     22 June 2015

First file divorce case and get divorce and then only go for second marriage.

whatnot   08 January 2017

Conclusion
The social stigma attached with being a second wife, the absence of any legal status to the relationship, and the enormous pain of being cheated into the marriage are undoubtedly extremely depressing for a woman. Even though there is no recognition given to a second wife, due to the judicial interpretation of existing law as discussed above, she may have some chances of getting maintenance. In the absence of any clear provisions under the law, her chances of claiming her rights are largely dependent on the discretion of the judges.

Even under the criminal law, it is extremely to prove bigamy, as the marriage has to be validly performed to prove the offence of bigamy. Usually these loop holes in the law are exploited by men to defend themselves in such cases.

Given this background of contrasting legal precedents, lawmakers should make clear provisions to protect the rights of those women who have been duped into 'second marriages' so as to bring them some respite.

 

 

More @

https://www.legalservicesindia.com/articles/rfs.htm


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