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Sivaram (SE)     09 December 2014

Wife filled false 498a. how to get second marriage?

Our's is arranged marriage.

 

My wife filed false 498a. It has been more than 4 years that she filed case.

 

Do not know how long it will take. It took 18 years in the case of jayalalitha case, still 2 more courts left.

 

I do not want to loose my youth. Want to catch up with new life.

 

Any legal issue for second marriage now? if yes how to suppress it for my second marriage?



Learning

 25 Replies


(Guest)

You dont want to lose youth?  Pay your lovely wife money, if you have taken dowry, return it, if her gold articles are with you, return it.  In short, pay her lumpsum one time alimony and ask her to take back all these false cases, sign up MCD papers and let you go free.  Thats one way out of this.




Second method is not legal.  You go in for live-in relation, take the other person into confidence, confidence means such that, she should be able to tell if summoned to court that she is just your sister and that you visit her once in a blue moon.  You will also have to manage the people in the neighborhood, so that they wont come and give witness in court against you that you are in a live-in relationship with that woman.  You should also have goon power to threaten such people who would want to give witness in court against you, so that they wont come to court and give witness against you.   If any kid is born out of such relationship, you should maintain the woman in such way that she wont come to court filing a PWDVA case against you and asks for rent or alimony or maintenance, you should part some money to her for her welfare at all times.  You should not tie any kind of thread  to the neck of the woman whom you have live-in relationship with.  There should not be any photographs of you posing as husband and wife.  You should have photographs of she tying rakhi to you, and you blessing her, in that particular photograph she should look like a sister with simple clothes, and not like a bimbo.  In such event where she will come to court to give witness that she is not in live-in relationship with you, she should come with simple clothes and not like a bimbette and should leave the kid born out of such relationship at home or outside of court.  Keep off of social networking sites.  Use two cellphones, one whose simcard is  registered in the name of the real brother or sister of that woman with whom you want to have live-in relationship, the other one which is the real one which you use for general activities for keeping in touch with mom dad etc of the legal family.


 


 




Now doing all this is illegal and would amount to bigamy, which is a punishable crime and you can be jailed for a good 7 years for this.  But its all an art of managing.  You could not manage one wife, so I dont think you will be able to manage the second one or the live-in relationshipwali that you want to proceed with.  If you could have managed existing one, you could as well manage another two.  So all this is not for a person like you.  You do like this, follow idea No. 1.  Go for one time settlement and finish this off via MCD, if you dont get MCD, you fight cases till the very end and come out of it.




Sivaram (SE)     10 December 2014

Thanks for response.

 

If my wife is kicking, i can not do anything. I have to simply do plastic laugh :)

 

Don't  you feel, some thing missing in your reply?

Sivaram (SE)     10 December 2014

If she do not want to take divorce and want to take revenge on me. She may not require s*x or may be enjoying in some other way :).

 

As a male we require s*x life. This is nature, s*x is body need. This is  one of basic human right.  She do not want to participate in s*x with me. 

 

As a bad luck victim, how to save my self?

Sivaram (SE)     10 December 2014

 I didn't get anything as a dowry.

 

All they have given as her gold ornaments and land registration on her own name with all rights to her. 

 

Even wedding and reception expenses are mine. I didn't know about existence of this 498a at the time of my marriage. 

 

All gold is with her only. I kept my gold also with her :). Of course less than 2 lakhs only.

MohanK-700 (Architect)     10 December 2014

first start living together with other person whom you would like to marry and then if you can navigate properly and manage accordingly it will not be  a thorn in your way.

Sivaram (SE)     10 December 2014

I am getting really good matches. All will accept for marriage not directly start living.

 

Very good matches, good families compare to my previous match days even with very good dowry and beautiful.

 

In our area every body will do registration to their daughter, not directly to groom. Even I did same to my sister. Because my father died in accident when I was in college days. All is my responsibility.

 

I am lucky. They know I am not guilty. Every one knows it.

NUT (Programmer)     10 December 2014

Sivaram, What helping hand replied is what that is practicle , if your body needs s*x and you should not get any case even if people see , there are better options .......

Anjuru Chandra Sekhar (Advocate )     10 December 2014

She has filed Maintenance along with 498A?  :):)  How will you pay her if you are jailed and if you do not have income?:) Do they pay anything for breaking stones in rigorous imprisonment?  If that is not sufficient will she argue that the maintenance is not commensurate with the standard of living of the husband as required by courts in many cases?:) 

 

Now coming to serious vein....Divorce can run parallel to S.498A.  There are some citations which you can get if you read law books that the Trial under S.498A itself is show of cruelty which is a ground for divorce.  However you have to get a favorable judgment in Trial court in 498A case.  However, I am moved by your view that you do not want to lose your youth.  It is a human right for you to have s*x when you are in youth and your youth cannot be eaten away by litigation in courts.  Not giving judgments in time by courts in 498A cases which involve young people (like you) below 30 years is violation of Article 21 of Constitution, the right to life and personal liberty. 

Anjuru Chandra Sekhar (Advocate )     10 December 2014

Second method is not legal.  You go in for live-in relation, take the other person into confidence, confidence means such that, she should be able to tell if summoned to court that she is just your sister and that you visit her once in a blue moon.  

 

That is OK.

 

You will also have to manage the people in the neighborhood, so that they wont come and give witness in court against you that you are in a live-in relationship with that woman.  You should also have goon power to threaten such people who would want to give witness in court against you, so that they wont come to court and give witness against you.

 

These are not required because a woman cannot file a case of Adultery against her husband, she can only file a case of bigamy.

 

@helping hand:  This is one good reason why Adultery case cannot be filed by woman against her husband.  Macaulay thought about Section 498A in 1860 itself it seems.

Sivaram (SE)     10 December 2014

Correct boss. Thanks for reply.

 

Few lawyers are working only for money. Missing humanity. No suggestion in this view.

 

Some of the lawyers,police & media acting like bad faces of society.

 

Few lawyers looking like "people gathering coins on dead bodies". 

 

Instead of suggesting right way, making their clients/courts fools for the sake of money. This is recent comment by one of the chief justice.

Sivaram (SE)     10 December 2014

As spouse is not available, they are going to look after another if they are interested. How it is adultery.

 

How many years one has to wait for his basic human right because of delay in judgement.

 

Accused in rohtak sisters case eliminated from sitting to army exam. Assume if favoured judgement came after 10 years, as per army age limit they are not eligible. They have missed their basic youth need. without job, getting married is very difficult.

 

Because of delay in proceedings, why one has to loose human rights?

 

Those guys already got punishment without proceedings. Can they go damage recovery in the case of not guilty?

That is why I am blaming media.

MohanK-700 (Architect)     10 December 2014

There are many people who are actually doing this. But you need to understand girls behaviour. Spend some time before you come to a decision of living with her for the rest of life. Once you are certain both are willing get married in temple and take house in different city unknown to opponents.

Keep them guessing while you enjoy !

MohanK-700 (Architect)     11 December 2014

Slowly it will become the norm otherwise with these draconian laws and legal system most of the young men are suffering and are losing precious time

Adv. Chandrasekhar (Advocate)     11 December 2014

As I used to respond to several queries on this forum under the title "Adv. Chandrasekhar", I deem it fit to inform that I am different to the above person "Chandrasekhar Hyderabad" and that above response is not mine.

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