LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Satheesh (asd)     02 September 2009

Seeking any help for divorce

Hi Sirs,

            Am seeking for a help to get a divorce from my first wife. we are living seperately for past 1/12 years. We are not in good terms either with both the families. In the past one year am so much frustrated with her and family. she only listen to her mom and not giving respect to any one in my family and always argue with me.  meantime i had decided to marry someone who understand my feeling and have a good compatibility with me. i spoke to my first wife regarding my divore in mutual consent. she is employed. My parents spoke to her to live with me leaving her job. but she is not ready for that. Then i went and spoke to her for divorce but again she refused and told that i will only listen to what my mom says.

In this situation am so confused. also i wanted to marry the one who loves me a lot and wanted to live with me. i know that its really very tuff to marry another gal when the first gal is not agree to give divorce. But i wasted my life more than a year asuming that everything will be set right. but now am totally in hatred with my first wife and wanted to marry the gal whom i love now. is there any ways that i can marry another gal without  the knowledge of my first wife?? if i marry and go away from my country not leaving a clue to my first wife, will that create any problems?? .....pls suggest me so that i live with peace.

 

Thanks.



Learning

 4 Replies

Preetika Aggarwal (Student)     02 September 2009

Marriage under the Hindu law is still regarded as sacrament and that is the reason that the word solemnisation is used under section 5 of the Hindu Marriage Act, 1955. The Act recognises absolute equality between Hindu male and female and the prestine rule of polygamy was legally prohibited.

so u cann't do second marraige without divorce from ur first wife.

Firstly u should hire a lawyer and collect some solid proves against ur first wife then u can take divorce form court then after 90 days, u can do second marraige otherwise ur first wife can file the case against u.

Rajan Salvi (Lawyer)     02 September 2009

Ma'm,

         Please do not use the word 'Hire' for a lawyer. It is demeaning. U are reducing Lawyers to non-living things.

Suchitra. S (Advocate)     02 September 2009

Hi sateesh sir,

It is an offence to get married fr a second time when your first marriage is still subsists. Knowing that you will get married to a lady whom you love, your first wife will not be ready to divorce you, and without a divorce, there is no question of second marriage.

According to Hindu Marriage Act, bigamy is an offence, and if you get married for the second time and if your first wife chooses to file a case against you for bigamy, then, you cannot escape from the clutches of the courts even if you go abroad.

So, it is advisable to convince her and get a divorse first, and then marry for the second time, to be on the safer side.. :)

Jaswant Singh (Lawyer)     21 September 2009

There can not be 100% competablity between two individual particular in marriage. The difference betweent the spouses are bound to happen. You are facing the same problme which is being faced by every husband. Getting divorce is not easily and divorce is not a solution. First you make all your efforts to save your family and in case you failed in your efforts then try to collect all facts which amount to cruelty on the part of your wife. Cruelty and desertion are generally those ground which a lawyer take in the divorce petition. For a deseration, you have to wait for 2 years as separation and then to prove that your wife has not intention to live with you as your wife.

There is no gurantee that the girl who love and understand you will be a good wife as you expect therefore face the situation blodly and take decision.

In case of any legal help you may connect me at 09810350712 or jsrobort@yahoo.com

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register