Second marriage divorce laws
venkat raman
(Querist) 12 June 2013
This query is : Resolved
I am a divorce ,married again to a widow ,who had 12yrs old daughter.i was married on 21-10-12 and we started living together in hyderabad from 17-1-13 to 17-3-13(2months).for some reason or the other she used to fight with me daily.her daughter was staying and studing in 8th class at their grand parents place.on 17-3-13 she started a fight and called her brother and went along with him.on 8-4-13 they called me to their parents place and started threating me that they will book me in section 498a against me if we dont write property in her name.i told them before marriage that i dont have any property in my name and whatever is there it is in my fathers and he is not ready to give anything in current position.
then i came back to hyderabad and had send restitution of conjugal rights,through a lawer . now a month has passed and she has not replied that or she has comeback till date.can i now file a divorce in the court or till what time i have to wait. .pl advise.venkat hyderabad.m.no.9652534827.
Veeresh Naik
(Expert) 12 June 2013
Acc. to me it would be better if you file petition for restitution of conjugal rights, this move will compel your wife to open her cards.
venkat raman
(Querist) 12 June 2013
restitution of conjugal rights, had been send through lawer a month back nor she has replied or came and joined me,can i file a divorce case now or till how much time i have to wait.pl advise.
Nadeem Qureshi
(Expert) 13 June 2013
you can file a divorce case now, no need to wait for her if you decide that you are unable to live with her any more.
Veeresh Naik
(Expert) 13 June 2013
In that case you can either file divorce petition or restitution petition, but still I will insist you to file petition for restitution at the earliest.
venkat raman
(Querist) 13 June 2013
parents of my second wife are threatening me with dire consequences if i do not register property in her name and what is the law to take legal actin against her parents .venkat
venkat raman
(Querist) 13 June 2013
since it is my second marriage,is it necessary to wait for 2 yrs of seperation.
Raj Kumar Makkad
(Expert) 13 June 2013
I strongly endorse the advice of Archana that you cannot go for divorce till the expiry of one year of your marriage. The advice contrary to legal requirement given by some experts is not legal.
You should file a petition under section 9 of HMA as your wife has not responded against the notice.
venkat raman
(Querist) 15 June 2013
parents of my second wife are threatening me with dire consequences if i do not register property in her name and what is the law to take legal actin against her parents ,please help me.venkat
venkat raman
(Querist) 15 June 2013
what is section 9 of HMA.pl.send details.
prabhakar singh
(Expert) 15 June 2013
HMA section 9. Restitution of conjugal rights.-
1[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
2[ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
venkat raman
(Querist) 23 June 2013
she has replied to my lawers notice but made all false alligatations on me.pl.advice how to go further.
prabhakar singh
(Expert) 23 June 2013
Act as per advice of your lawyer or post the copy of both notices here to be examined by us to guide you for your further action.
V R SHROFF
(Expert) 23 June 2013
cannot file for divorce for a year.
Only issue notice that u left home voluntarily as I could not meet your demand to trf property on ur name. u threatens 498 & harassment , wh pl avoid. I love u and desire to have co-cordial relationship and will keep u happy & safe. .
NO MORE.
LATER WAIT AND WATCH HER MOVES.
venkat raman
(Querist) 23 June 2013
sir,if wefile petition for restitution first even the she can file 498a.pl advise
ajay sethi
(Expert) 23 June 2013
yes she can file 498A even if you file restitution of conjugal rights case
Sudhir Kumar, Advocate
(Expert) 09 November 2014
It may be better that instead of playing hide and seek give facts correctly.
Sudhir Kumar, Advocate
(Expert) 09 November 2014
repeated
http://www.lawyersclubindia.com/experts/registeratation-of-second-marriage-399126.asp
