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
Pardeep Singh 11 January 2016
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
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