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Mukesh Singh   28 September 2018

Second marriage valid even if plea against divorce pending

Respected Lawyers,

Recent judgement passed by Apex court that Second marriage is valid even if plea against divorce is pending is little bit confusion in my understanding. Request you to clarify.

I am resident of Mumbai and contesting my Divorce in Mumbai Family court. Its been running from past 3 years. We are at Cross  of Pettioner stage. I am the petitioner and struggling hard to take divorce. Now my question is, at this stage can I marry, as per the new judgement passed by SC?

Please put some light on it.

Regards,

Mukesh Singh

9967617778



Learning

 14 Replies

Adv Deepak Joshi +917017821512 (Advocate)     28 September 2018

Dear querist,

 

 

I am not aware of any such judgment, if possible share with us.

As now decree of divorce from competent court is prerequisite for second marriage.

In fact person has to wait for period of appeal then he/she can remarry.

 

Deepak Joshi & Associates

 

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

TGK REDDI   28 September 2018

Yes.     I don't think such a judgnent is there.

Vijay Raj Mahajan (Advocate)     28 September 2018

You should read the Supreme Court judgment properly just don't go by foolish half information provided by press and media. The remarriage only if divorce allowed by the trial court is valid not otherwise if divorce case is still pending in the trial court, this what the Apex court held.
1 Like

TGK REDDI   28 September 2018

Agree with Shri Vijay Raj Mahajan except the word foolish.      Foolish is not unparliamentary but in this context it's ugly.

Martin S.   28 September 2018

Why do you want to go for second marriage. Let the divorce case continue for another 50 years. You do set up. Enjoy. SC has struck down adultery clause. Dont mistake of second marriage. This is the moral of SC judgement.
1 Like

Antibiotic (Free Lancer)     29 September 2018

I completely agree with "TGK REDDI"

Mr. "Martin S." is enjoying writing and being member. Without thinking that sending crap of his mind will not sooth a person who is already disturbed. But who cares, "i've got a chance so will write any crap from my mind". why do such people even bother to reply, when there's hardly any bit of sense in their reply.

Antibiotic (Free Lancer)     29 September 2018

I completely agree with "TGK REDDI"

Mr. "Martin S." is enjoying writing and being member. Without thinking that sending crap of his mind will not sooth a person who is already disturbed. But who cares, "i've got a chance so will write any crap from my mind". why do such people even bother to reply, when there's hardly any bit of sense in their reply.

Antibiotic (Free Lancer)     29 September 2018

I completely agree with "TGK REDDI"

Mr. "Martin S." is enjoying writing and being member. Without thinking that sending crap of his mind will not sooth a person who is already disturbed. But who cares, "i've got a chance so will write any crap from my mind". why do such people even bother to reply, when there's hardly any bit of sense in their reply.

Shankar Shetty (Practicing Advocate)     29 September 2018

Originally posted by : Mukesh Singh
Respected Lawyers,

Recent judgement passed by Apex court that Second marriage is valid even if plea against divorce is pending is little bit confusion in my understanding. Request you to clarify.

I am resident of Mumbai and contesting my Divorce in Mumbai Family court. Its been running from past 3 years. We are at Cross  of Pettioner stage. I am the petitioner and struggling hard to take divorce. Now my question is, at this stage can I marry, as per the new judgement passed by SC?

Please put some light on it.

Regards,

Mukesh Singh

9967617778

If you are struggling to take divorce from wife, its certain that you will not get divorce in this life time.  You will simply spend money on lawyers and keep running to avoid paying maintenance.

You have failed at marriage.  That is not wrong per se.

You should not give up on marrried life, but not necessary that you should marry again.

Unfortunately woman look for security and thinks that marriage and wedding will give security whic his false when there are people like you.

If you have money purchase divorce.  Dont remarry.  Just find someone compatible, give assurance that you will look after her.  Adultery has been declared ont a punishable crime anymore.  Dont remmary.  I agree with Advocate Martin's advice and also TGK's advice.

N.K.Assumi (Advocate)     30 September 2018

That antediluvian provisions of section 497 IPC has been declared unconstitutional by the Supreme Court, but  not for divorce but  for unmeaning provisions in our statue book, and there is no earthly reasons to refer the same in divorce or marriage proceedings in the court. There are many broken marriages in the country, but that does not mean there are no happy marriages too. As for supreme Court Judgment refered to by the querist, I don't think LCI members will swalow it without knowing the full text of the judgment.The querist himself must know his legal  position clearly before taking new steps.

TGK REDDI   30 September 2018

antediluvian

An excellent choice of the word.

I highly appreciate the choice of Shri N. K. Assumi.

TGK REDDI   30 September 2018

I've been voicing my concern about adultery in the lawyersclubindia time and again about the barabaric Section of the Indian Penal Code.

The ruling is excellent.    But the understanding of the Supreme Court is deplorable.

Supreme Court says the Section treats a woman as the property of a man.    No man has the courage to treat her so.  There's been no dearth of henpecked husbands;  on the other hand they've been abundant.    It's characteristic of women to henpeck.

Supreme Court appears to be of the opinion that women will now rejoice.      No.    Not at all.    Their minds will be cursing the Supreme Court.

Husband has had the power of prosecuting the lover of his wife.     But husband is tied to the apron strings of the wife.    If she says, sit, he must sit.    If she says, stand, he must stand.  If she says, prosecute the paramour, he prosecutes.

So this power of a woman is taken away by this ruling of the Supreme Court.     This exhilarates me.

Now a man needn't fear to enjoy s*x.    But, nevertheless, he must be on his guard.     He shouldn't give any chace for a woman to cry rape.    This's quite easier than crying adultery by the husband.

I've been saying that adultery should be a ground for divorce. What's more, I say divorce must be granted without any ground before a spouse could say, divorce.

No love?    No cohabitation.     No explanation.

Don't women suffer?    For the suffering of a wife, a husband shouldn't suffer.

What to do, then?

Women should be made so self sufficient that there should be no suffering.

Desire should be mutual; not one sided.

Hindus are proud of their unbreakable, rigid marriages.    No.   This's not a matter of pride.

There had been two sages who had had exchanged their wives.

 

Martin S.   17 October 2018

Originally posted by : N.K.Assumi
That antediluvian provisions of section 497 IPC has been declared unconstitutional by the Supreme Court, but  not for divorce but  for unmeaning provisions in our statue book, and there is no earthly reasons to refer the same in divorce or marriage proceedings in the court. There are many broken marriages in the country, but that does not mean there are no happy marriages too. As for supreme Court Judgment refered to by the querist, I don't think LCI members will swalow it without knowing the full text of the judgment.The querist himself must know his legal  position clearly before taking new steps.

You using the word antediluvian   is mockery of justice, the Law.

What the Supreme Court has done is unpardonable.  It will take us back to stone age where there was free s*x and no Law.

We evolved and made laws so that we could be called society.

What supreme court has done is undoing evolutoin.  hat was idiotic.

Marriage is corner stone of society.  What gives marriage  meaning is family.  Family wont be family if both the husband and wife i.e. mother and fahter f**k around.  That kind of society will be self damaging.

@querist

If you want to marry you can, there is no need of looking into what supreme court says and not says.  Just marry whoever you want, by the time court gives justice you would become old.

We have to hit these judges with chappals. and also the politiicans.

For making getting divorce such complex process.

Courts should never have a say in the marrried life of a person. But unfortunately courts have a say through the constitution.

Laws need to be changed, many things need to be changed.

 

The recent SC judgement decreminalized adultery thereby diluting meaning of marriage and family.

TGK REDDI   18 October 2018

I highly appreciate decriminalization of adultery.

Adultery is more intense in countries in which adultery is a crime and in which adulterer &  adulteress can be stoned to death without trial than in countries where it is not a crime.

The holier the customs the more extreme the adultery.

There was an illiterate man in our village.      He used to say, " No food if we disobey women."

A second illiterate man in our village who lives on the daily wages of his wife says, " Dasoham".

A third illiterate man in our village says, " A woman wins however foolish she is;  a man bows however wise he is."

A fourth illiterate man in our village says, " Aadi shakti".

An advocate of Khammam ( Telangana ) by name Potla Madhava Rao says, " Once marriage knot is made, all powers are wife's."

A woman brings an acre or two as dowry and in no time becomes the queen of the lands of her bridegroom;  he's reduced to titular head.

What I mean by saying all these thigs is, laws are still made for the protection of women, the most powerful.

Even the judges of Supreme Court once admitted that they were tied to the apron strings of their wives.

Nevertheless Supreme Court gave us such a bold law.       Words fail me to aptly appreciate their boldness.

Supreme Court thinks that henceforth woman is no more a commodity.

Women have never been a commodity in the history of the Earth,      Men have, on the contrary, always been slaves.

Women won't rejoice because they're not commodity.     Women don't rejoice because they got equal share in the properties of their parents.

They love to have equal share in husband's property.     Immediately after marriage, she can claim her share and desert the husband.      Why to cook food for the nasty fellow?      Before marriage he was noble in her eyes.

As adultery is still a ground for divorce, the notion of commodity can't die.      Adultery should be a ground for divorce as usual.      Otherwise a woman will never s*xually entertain her husband, something characteristic.

Let her not.      The husband can search for someone else.     Unfortunately this's not easy for man.       This trend must go.

Man pays for woman.     Here woman doesn't cry equal rights.

Adultery shouldn't be a crime.       If it should be, then adulteress should be made equally guilty.

Gender-biasedness has been playing havoc with the lives of men.

Woman are at disadvantage by this judge-made law.

Woman makes money.     When she becomes unable to extract any more, she instigates her husband to prosecute thereby extracting the last paisa from his pocket thus making him a beggar.       She can't cry rape because she consented.

Woman now is worried because her husband can't prosecute him.       Man is saved.    This will be in the interest of the society.

 

 


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