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renu (consultant)     29 August 2018

Divorce- legal advice

 

I am a 38 year old female who got married to a man in 2010. After marriage I came to know that man is going through with 498 A and divorce battle with his 1st wife which he never informed to me earlier. I was in shock but due to family pressure decided to live with him and thought he will move ahead once his case will finish. His divorce was done in 2012 but meantime he started drinking alcohol all the time even he lost his job because he provided all fake educational documents and proofs. I was living in hell because of his ill behaviour and after speaking to him filed divorce under mutual consent in 2015. He apparead for 1st motion and same got completed too but for 2nd motion he never appeared and finally with my lawyer’s suggestion I have withdrawn that case and contested divorce in 2017. My case is still in court but I think I’m not getting correct legal advice, I don’t know whether I can re-marry or not? That man still threats me ? need suggestion



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 4 Replies

Adv. Varun Vij (Advocate)     29 August 2018

Hello,

You can not legally marry till divorce proceeding is pending in court. Incase its appeal to judgement of family court, you may marry.

 

 

Adv Deepak Joshi +917017821512 (Advocate)     29 August 2018

 

Dear querist,

If your husband was married in at the time of your marriage then your marriage itself is null and void in eye of law. Simply don’t understand why you advocate has asked you file MCD or Contested divorce.

 

You should have filled application under section 11. Nullity of marriage and divorce- Void marriages- of THE HINDU MARRIAGE ACT, 1955.

 

Your husband would have been behind bar Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 


Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

Adv Deepak Joshi +917017821512 (Advocate)     29 August 2018

 

Dear querist,

As far as question of your re marriage is concern do not do remarry.

Until you get valid decree.

 

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.


Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

1 Like

SOLOMON.RAJ (advocate/director)     30 August 2018

Renu,
Please follow the above two advices of learned friends.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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