Remarriage after failure of restitution of conjual rights
Dileep Kumar
(Querist) 12 May 2013
This query is : Resolved
Dear Sir,
My friend got married four years back and their marriage lasted for 6 months, after which the wife left my friend's home and did not return back.Some time the wife filed a dowry case against my friend and his family in police and was forwarded to DPO and was declared as false.Later he filed a restitution of conjual rights in family court and was later granted the same in his favour,but still his wife failed to comply to the order and the time of 2 years (since he is a christian) has elapsed.So in this case whether he can go for remarriage?
Since there was a total of 3.5 years of deseration in which 2+ years of separation of failure of restitution.
Kindly suggest the best way to proceed with marriage.
prabhakar singh
(Expert) 12 May 2013
Your friend still needs a decree of divorce by court by a petition of divorce.
Adv Archana Deshmukh
(Expert) 12 May 2013
File for divorce in the family court/dist. court. Without a divorce decree your friend cannot validly remarry.
R.K Nanda
(Expert) 12 May 2013
agree with experts.
ajay sethi
(Expert) 12 May 2013
if your friend remarries without divorcing his first wife she will file case of bigamy against him . better obtain divorce then remarry
Devajyoti Barman
(Expert) 12 May 2013
If he wants to avid criminal prosecution, then filing for divorce is the only option.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 May 2013
Law will not allow you to live.
However if you have a consenting partner than find an experienced advocate and you can get a way out.
EVERY WRONG HAS A REMEDY.
R.K Nanda
(Expert) 12 May 2013
no more to add.
Raj Kumar Makkad
(Expert) 12 May 2013
I have also similar opinion as expressed above. Go for divorce under Special Marriage Act.
