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anil Kumar   11 February 2020

to resister for another marriage

hello sir, my wife is not living with me as she has registered cases against me of dv and Maintainance in 125 now im paying 15000 per month to her for last 5 years. he has refused to come with me and also refused to take divorce. sir my quiary is that can i resister a request application for another marriage for cost of whatever court will give her in my property. i want a wofe for my aging mother. there is no one else except me at home to look after my mother. and i m serving in army i have requested to army authority for accommodation for mother but there is also no provision for mother. sir can i request court to send my wife with me or for give me permission for another marriage.. plz help. my devorce case is on the go. and pending in family court


 14 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 February 2020

Dear querist,

With out getting divorce from first wife you cannot have second marriage. Proceed with case which you have filed. Take second opinion from another lawyer as to why your case is pending since 5 years.

1 Like

Real Soul.... (LEGAL)     11 February 2020

you should file for divorce and only after divorcing your first wife you can re - mary. Meanwhile file a suit forRestitution of conjugal rights if she resists then that will be some grounds even for divorce.

1 Like

Adv Deepak Joshi +917017821512 (Advocate)     11 February 2020

approach high court to expedite your case
1 Like

naresh (technician)     11 February 2020

For legal second marriage you have to take divorce from first wife . I have fully understand your problem with aged mother . you have one choice search a girl who understands your problem and stays with you as a living in partner or you may get marry secretly so that no one has any proof to quote in court . you can stay out side the campus with mother and father and if you get any girl with her also
2 Like

anil Kumar   13 February 2020

thnks expertss

ANAMIKA VICHARE (LAWYER)     17 February 2020

You fule divorce petition,you will get divorce, then remarry


Deepadnya Walanj   18 February 2020

You can not apply for any other marriage when your divorce case is pending in the court. Your wife and you have to follow the legal procedure to get a divorce. 
You should also understand that re-marriage or settlement of the existing is not the solution for a secured life of your mother. You can use other means of shelter homes and provisions for the parents of army men.

anil Kumar   19 February 2020

ok sir/experts. now final order in 125 ahas come. the court has dismissed maintanace to my wife now i have to pay only 6000 for my kids monthly sir now i want to know, can she apply again for maintenance in lower or higher court.. as my devorce case is pending. and she has also requested to court for maintenance in my devorce case.. may court fix some maintanace to her.

anil Kumar   19 February 2020

i have chalenged the lower court decision of paying 15000 to her in Chandigarh high court but now lower court dismissed her maintanace so what i should do now . cz i am now happy with lower court dicision. but what will happen with high court request

Palak Singh   03 April 2020


Sir you can apply for restitution of conjugal rights. The provision for restitution of comugal rights comes under section 9 of Hindu Marriage Act, 1955. It states the following:

  1. When either husband or wife has, without reasonable excuse withdrawn from the society of the other, aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
  2. The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of conjugal rights is a positive remedy that requires both parties to the marriage to live together and cohabit.

There are three essentials under s.9:

  1. Spouses must not be staying together.
  2. Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
  3. The aggrieved party must apply for restitution of conjugal rights.

Hence, your wife must have left your company without any valid reasoning.

Therefore, you can file a petition for conjugal right. This way if the court finds that your grounds are valid, then they would compel your wife to come and stay with you.

 However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. Hence, if your wife even after this does not come and stay with you, you can file for a divorce on this ground. But remember, that you cannot marry anyone else as of now as you are still legally married to your wife.

Hope this naswers your question!


Palak Singh

anil Kumar   03 April 2020

thnks mam... as i have stated earlier that i have resistred in sec 9 two times.. first in 2011 and at that time my wife came with me but sudden after 10 days she left me.. i resistered in sec 9 again

anil Kumar   03 April 2020

now i have filed for divorce.. and in 125 maintanace act court has declined her maintanace now i am not paying her anything

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