Divoce
aryan
(Querist) 22 March 2014
This query is : Resolved
i m aaryan,nd i have two child,bt i dnt want to live with my wife bcz she everytime doing fighting, not caring me n my family, she never talk with me.bt she is not ready to give me divoce.So at this situation can i file divorce case and wedding with sumone else?
Devajyoti Barman
(Expert) 22 March 2014
One of the spouse can always file suit for divorce irrespective of wish of other partner.
Choice is yours. Meet an advocate.
However you can give one last try to continue the marriage.
aryan
(Querist) 22 March 2014
but i cant continue with her.bcz i already wed with sumone else and we live seperate from 6months,bt still she never ready to give divoce, so what can i do, pls help us
Dr J C Vashista
(Expert) 23 March 2014
Avoid SMS language to have proper appreciation of facts, make up opinion and provide expert advise sought by you.
Rajendra K Goyal
(Expert) 23 March 2014
If you have already married with another without divorce, it is illegal and you can be jailed.
You have two children, you should try to reconcile, it would be better for all.
You can file divorce case, in turn she can file 498A, DV Act, maintenance etc case, disturbing you and your family. A contested divorce may take 4-5 years or more in decision. During this time you will not be able to marry.
V R SHROFF
(Expert) 23 March 2014
REPEATED QUERY
THE FACT OF YOUR RE-MARRIAGE WITHOUT DIVORCE?? ACT IS ILLEGAL AND A CRIME..
Rajendra K Goyal
(Expert) 23 March 2014
Sorry, it was repeated query:
http://www.lawyersclubindia.com/experts/Can-husband-file-divorce-even-if-wife-is-not-ready-to-give-451161.asp#.Uy5-roVR
Biswanath Roy
(Expert) 23 March 2014
This is a Public Forum and you categorically admitted that you remarried a girl without dissolution of first marriage. Hence, you are liable for conviction. It is strange to note that after giving birth of two children you could able to detect that your wife is a fighter and she is not caring you and your parents Do you think Experts are fool?
Dr J C Vashista
(Expert) 24 March 2014
Be mentally prepared for going to Tihar jail.
aryan
(Querist) 25 March 2014
i m not thinking that all experts are fool but you are thinking practically not personally.just think if you are not happy with someone else, not accepting them so how can you survive your whole life with them.because of two daughters ,i spoiled my whole life is it right? I gave her 7-8years to accept me and my family and gave time to me also to accept her but i cant accept her and i m ready to take responsibility of both child but not her.
I am putting my query for advice me not praparing for going to tihar jail or anywhere else.
aryan
(Querist) 25 March 2014
And it is illegal act without divorce remarriage.But can you tell me she is not ready to give me divorce and if she never give me divorce in my whole life long period so what can i do? can i live my life alone or blame myself for that mistake which is totally spoilled my whole life,Please suggest me sir
Biswanath Roy
(Expert) 25 March 2014
You shall have to obey law of the country so long it exists. Law does not permit you to marry any girl so long your first marriage is in existence. Unless you obtain a Divorce order from the court you cannot marry otherwise you will be jailed. If you stick to your logic as stated you shall have to request our Parliament to change the existing law.
Guest
(Expert) 25 March 2014
The question is not whether you treat or not the experts as fools and that does not also matters, as they won't be treated as fools whatsoever be your personal opinion about them.
But when you have come to this site for legal opinion, the experts would try to make you aware of the legal position that may be relevant to your problem.
About your problem, since law does not allow second marriage without getting divorce from the first life, your second marriage is illegal by law. However, you should thank God if your first wife has not filed any complaint against you for your second marriage. You may or may not like to live with her, a complaint from her can really land you in jail.
About your children also, that can also be decided by the court of law after acceptance of your divorce, whether they should live with you or with your first wife. If you want divorce from your first wife you will have to produce a solid proof that she does not want to live with you.
However, it is for your information that on divorce, your first wife can claim maintenance charges, which you will have to give till her life, even if the court allows the childrem to stay with you.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
Well advised by all experts and Mr. Dhingra advised the author more appropriately and convincingly. The author should realise his position atleast now and act as per law.
aryan
(Querist) 25 March 2014
i have no solid proof for divorce but i cant live with her and she never ready for divorce ,so can i file divorce case or not.pls sir suggest me because i really love my 2nd wife from childhood,u cant beleive but i love her when i was 10years and she is also.
I knw you ask the query that why i weddig with sumone else if i love sumother girl ,that time there was family pressure ,emotion and unki izzat ka sawal tha, thats why i m ready for all these things but now i want to live my life happily.pls sir suggest me what can i do for this problem
Biswanath Roy
(Expert) 25 March 2014
You cannot deceive an innocent girl (wife) as our professional ethics does not sanction it YOU HAVE NO AUTHORITY TO SPOIL HER LIFE WITHOUT ANY FAULT ON HER PART.
