second marriage in budhist community?

Querist :
Anonymous
(Querist) 31 December 2010
This query is : Resolved
1-wife is not ready to live with husband,
2-wife filed 498a, d.v. maintenance act,
3-wife not appearing in 498a evidence stage,
4-husband filed child custody,
5-wife is not ready to give child as the child is only remedy to get maintenance,
6-no divorce matter still two years have ended during litigation,
7-both belong to budhist community,
8-both are not interested to each other life but only litigation are going on in court matter,
9-court does not have any interest in case only dates are being followed, but husband side is still suffering for money loss, travel pain, prestige loss,
is it possible to both to get married without taking divorce?
lawyer said divorce will not be granted at least 1-2 years but depends on other party appeal in higher court if passed by lower court,
what a man can do if wife challenge the divorce petition of husband to deny the divorce but not willing to live with husband?
is in our india there any law to file recovery suit for such kind of duties of wife where she is not obligating on her own part? on the side of husband?
Khaleel Ahmed Mohammed
(Expert) 31 December 2010
For second marriage you should wait till divorce.Your second marriage without valid divorce amount bigamy and punishable as per law.
Kirti Kar Tripathi
(Expert) 31 December 2010
budhist are governed by Hindu law, as such provisions of Hindu Marriage Act shall apply and second marriage without divorce or during the life time of first wife is void. so until you get divorce forget about second marriage. you can file RCR against your wife.