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Pardeep Singh   11 January 2016

Second marrige

Dear Experts,

 

My wife has filled Section 13 petition against me and try to get 2nd marrige without taking divorce. Please advise i want to get permanent injunction till the section 13 case is pending in the court.

 

Regards

Pardeep

09813742778



Learning

 6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 January 2016

My opinion is,

 

No relationship is a burden of life.

 

If she decided to get divorce and filed the same u/s sec 13 of HMA then please file a stay-aside petition with no-objection on divorce. You obtain divorce and proceed further on life.

 

If she don’t obtain divorce and remarry then you can file bigamy Sec 494 IPC against her.

 

Please see my profile links for sample petitions and other clues. 

Vijay Raj Mahajan (Advocate)     11 January 2016

As such no court will order for permanent injunction her marring second time during her existing first marriage, however you can file for bigamy against her in case she marries the second time during the pendency of the divorce proceedings of the first marriage.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 January 2016

Also can file Sec 497 IPC (Adultery) against her 2nd husband.

 

Please see my profile links for sample petitions and other clues. 

Vijay Raj Mahajan (Advocate)     11 January 2016

Yes as the lawful husband you can file complaint against her second husband under section 497 IPC for offence of adultery, if you can prove that she had s*xual intercourse with him without your consent.

adv. rajeev ( rajoo ) (practicing advocate)     11 January 2016

She cannot go for second marriage during the pendency of the petition.

SuperHero (Manager)     12 January 2016

Say for e.g If she gets married, what are you going to do??

Everybody thinks they have there own freedom and they have set there own rules in this Society.

What is good t me is bad to you..

In a Country with such a huge population. Where will you catch whether she is marrying or not?

Okay Agreed - According to the Law she shouldn't get married during the pendency of the petition. But if she gets married, then you have to prove it. Correct??

Okay if she doesn't get married - what if she has a Live in relationship???? What will you do?

Think Practical...She wants to enjoy life...There is no value to the relationship with you.

Get rid of her...Give the divorce..atleast stay peaceful instead of spoiling your MIND.


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