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jonny   06 March 2017

Wife got remarried and all cases are pending

Wife got REMARRIED as per hindu customs but she has not withdrawn DV or 498 (a). The current status of DV is that i have not been served with notice and for 498(a) no FIR has been filed but the complaint is pending in police station waiting for me to be nabbed. Meanwhile wife got remarried as per hindu customs  with some other person but she has not registered that second marriage. Not sure what to do ?  I would appreciate experts advice.



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 9 Replies

Ms.Usha Kapoor (CEO)     06 March 2017

Without issuing  a divorce to you she got remarried,.. It i s illegal. Still she is your wife in the eye of law.you need not pay any MAINTENANCE. BOTH OF YOU GO  FOR  MCD  to put a quick end to this marriage.AND AFTERWARDS YOU  BOTH WOULD BE FREE  TO REMARRY.LET HER WITHDRAW ALL THE CASES FILED BY HER AGAINST YOU  WHILE GOING FOR MCD.If She doesn't withdraw you may be arrested u/s498A IPC.Either you will have to take anticiptory bail if put  to arrest and go toJail  and will have to apply for bail.

jonny   06 March 2017

Originally posted by : Ms.Usha Kapoor
Without issuing  a divorce to you she got remarried,.. It i s illegal. Still she is your wife in the eye of law.you need not pay any MAINTENANCE. BOTH OF YOU GO  FOR  MCD  to put a quick end to this marriage.AND AFTERWARDS YOU  BOTH WOULD BE FREE  TO REMARRY.LET HER WITHDRAW ALL THE CASES FILED BY HER AGAINST YOU  WHILE GOING FOR MCD.If She doesn't withdraw you may be arrested u/s498A IPC.Either you will have to take anticiptory bail if put  to arrest and go toJail  and will have to apply for bail.

 

It is illegal for her to get remarried yet there is no provision that would stop her or even punish her. But if i come into picture then i can be arrested. It's already been 7 years and i am tired of this. I want to move on with my life as she did. Is there any provision under which i can force her to withdraw both cases ? If i bring her second husband into pressure in court then i can get out of this mess. But the second husband is her boyfriend and they both are mutually playing this game. They are after my money. Please guide me so that i can come out this mess.


(Guest)

For the mistake (of marrying her) as if this were not enough you will be filing two more cases on her and making yourself a party to the case and roam almost continously henceforth to court halls.

If she remarried, still her cases will continue.  If you taken dowry, give it back. Settle matter and take MCD, already 7 years over, if you had gone absconding, you would be declared socially dead by now.  Like she found her way, you too find yours.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 March 2017

It is your life problem and you are seeking free advice.

She has found her way and you are stuck. No body  that is no woman will come to you in these circumstances.to share your life.

So you have to fight to get out.But you are looking far hand cart and expect it to carry ten ton load.

You want a perfect but cheap advocate . Advocate also want a perfect client so where is match.

 

You have to do trial and error method and may get one out of ten or even hundred who can fight the case properly in the court and make the opponent to run.


(Guest)
Originally posted by : LAXMINARAYAN - Sr Advocate.
It is your life problem and you are seeking free advice.

She has found her way and you are stuck. No body  that is no woman will come to you in these circumstances.to share your life.

So you have to fight to get out.But you are looking far hand cart and expect it to carry ten ton load.

You want a perfect but cheap advocate . Advocate also want a perfect client so where is match.

 

You have to do trial and error method and may get one out of ten or even hundred who can fight the case properly in the court and make the opponent to run.

Agree with your advice.  Most of the people think its easy to fight matrimonial dispute.  They end up fighting party in person and lose the case eventually.  It always pays to have a good Lawyer on your side.


(Guest)

Hire good advocate who can get you out of this mess.  Dont go for live in relationship etc, that will attract few more cases and chances are that you may have to simply shift your house nearer to court.

stanley (Freedom)     06 March 2017

@ Author .

1. Change location residence job where you are not traceable and move on with the life .

2. she is already at fault as i presume that she has not got divorce from you but has married with out Divorce . Hence its a case u/s 494 Biagmy of IPC . No point wasting your time and money on filing a case against her under the above section.

3. Hence better you too look out for a village girl where you can adjust with her and move on in life .

Alternatively if she has not registered her marriage than have patience . They will long to have a child . Once child is born with DNA test it can be testified who the parents are .witness can be their neighbours who can come and testify in court .

.


(Guest)

Village girl even more dangerous than city girl, they sign anywhere and file all cases and blame it on advocate ki maine kuch nahi kiya woh toh vakeel ne bola ki sign karo warna main sign nahi karti.

And how long will you be on the run?  R u vijay mallya ?  For petty matrimonial case you will be in hiding for rest of your life?

 

Hire good advocate and get rid of cases.  It will boomerang some day or other if you leave cases unatetnded.

Sudhir Kumar, Advocate (Advocate)     08 March 2017

Originally posted by : stanley
@ Author .

1. Change location residence job where you are not traceable and move on with the life .

2. she is already at fault as i presume that she has not got divorce from you but has married with out Divorce . Hence its a case u/s 494 Biagmy of IPC . No point wasting your time and money on filing a case against her under the above section.

3. Hence better you too look out for a village girl where you can adjust with her and move on in life .

Alternatively if she has not registered her marriage than have patience . They will long to have a child . Once child is born with DNA test it can be testified who the parents are .witness can be their neighbours who can come and testify in court .

.

querist may comment on the feasibility.


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