Bigamy?

1) It seems 13 years have passed since marriage of 1 month. 

2) Your case is poster child of the abject failure of Indian family court system. 

3) It is clear that your husband and his second wife are living happily and they don't give a sh*t about you. 

4) You can run around in court for few more years to resolve the 30 day and 90 day appeal problem. Perhaps in another 15 years you will get some answer from courts. 

5) What is your legal status? Wife or not wife? Divorced or not divorced? These things don't matter at this stage. Your legal status is whatever you assume it to be.

6) If you assume yourself to be divorced you can safely marry again. Your husband is not going to come back to file bigamy case or restitution of conjugal rights case on you. So how does it matter that some appeal is pending in some court, forget about it and move on. Case will get dismissed automatically if you stop pursuing. 

7) You can also consider yourself married if you want to. You can split hairs about the 30 day/90 day appeal and send some letters or legal notices to your husband and his new wife. You can also find some lawyer who will find loopholes to file more frivolous cases. 

8) If you want my honest advise and remedy:

a) Stay away from lawyers. Never step foot inside a court again. 

b) Find someone to fall in love with, start a relationship, nurture it with your heart and let it blossom. Don't worry about leagl status etc.

c) Focus on positive things in life, career, health, social connections, family etc. etc. 

d) See a therapist and get some help to get rid of obsession with the dead past.

 

 

Thanks for the suggestion.I have to apply for passport and what is my status.if seperated , they ask for the magistrate letter, if married they ask for marriage certificate, if divorced they ask for the divorce certicate. What should i furnish.even if i want to marry , i need the divorce....so what is my status

Thanks for the suggestion.I have to apply for passport and what is my status.if seperated , they ask for the magistrate letter, if married they ask for marriage certificate, if divorced they ask for the divorce certicate. What should i furnish.even if i want to marry , i need the divorce....so what is my status

Thanks for the suggestion.I have to apply for passport and what is my status.if seperated , they ask for the magistrate letter, if married they ask for marriage certificate, if divorced they ask for the divorce certicate. What should i furnish.even if i want to marry , i need the divorce....so what is my status

I work in government job.if in case i marry without divorce which is remote idea, it will amount to adultery.should i do that because there is some loophole in the legal system and of course it is corrupt

It is a settled and undisputed fact that your marriage has not worked and the husband has remarried and in the given facts, the second marriage does not constitute the offence of bigamy. From the given facts, it appears that your advocate has erred.

The only option for you is to move on beyond the past. You may approach the family court for grant of formal divorce.

Even if you remarry without the formal divorce, your(ex)husband has no locus standi to make the complaint of adultery..

 

Does the law permit to have two wives? The fact that supremecourt has dismissed his appeal for divorce ....gives me legal right to be his wife( eveb though it is not functional.if the second marriage is also legal....then does the law give permission for two wives...what if hence forth every man collude with lawyers and prevent from appealing in the court on time to get remarried and give legal status to the second marriage?is not it the price i am paying for the corruption in the legal the System Yes it is practical to take divorce ..if the husband is not consenting or coming for mutual consent....still the lower court can give divorce?....but why should i give up my status as wife....i have been staying single....how does it matter to me if i dont take divorce????? What about my legal right for the property....should i give up that also

Does the law permit to have two wives? The fact that supremecourt has dismissed his appeal for divorce ....gives me legal right to be his wife( eveb though it is not functional.if the second marriage is also legal....then does the law give permission for two wives...what if hence forth every man collude with lawyers and prevent from appealing in the court on time to get remarried and give legal status to the second marriage?is not it the price i am paying for the corruption in the legal the System Yes it is practical to take divorce ..if the husband is not consenting or coming for mutual consent....still the lower court can give divorce?....but why should i give up my status as wife....i have been staying single....how does it matter to me if i dont take divorce????? What about my legal right for the property....should i give up that also

Once the family court had granted exparte divorce then you can approach the same court within 30 days for an appeal to reopen the case and if you failed to do so then you can make an appeal within 90 days in the high court, but if the family court give verdict of divorce decree then you can make appeal in the high court within a period of 30 days .

Originally posted by : vaishali
	I got married in 2003 as per the HMA and with in month of marriage my husband got negative attitude towards me and I was sent back to my parents house. In 2005 ,my husband filed divorce case under sec13(1)(ia) and through the judgement on 19-4-2008 divorce was granted.  Later , I appealed in the high court on 8-7-2008 and appeal came to be allowed on 17-09-2009.My husband preferred special leave petition before the supreme court which was dismissed. I had filed the appeal in the Hon`ble High court providing the certified copy of the impugned judgement and decree, which was issued to me on 19.6.2008(applied on19-6-2008. I was under the impression that my advocate in the trial court had not obtained the certified copy of the judgement and decree earlier as after the passing of the judgement ,I was not able to meet my advocate as he was not available on all the occasions, which I tried to meet him .High court had admitted condoning the delay. But during the proceedings of the case in Hon`ble High court , My advocate in the trial court gave the certified copy on 31-1-2009, which he had applied on 22-4-2008 and he had received the same on 20-6-2008. I submitted an application under section 151 of civil code procedure along with affidavit accompanied by the certified copy of judgment obtained from my advocate in the trial court in the Hon`ble High court   on  2-2-2009 stating my appeal was in time and is not barred from limitation and praying the Hon`ble High court to pass order for taking the certified copy . However my affidavit was rejected stating that the matter was already posted for judgement. However during the proceedings of the court in the High court,my husband admitted that he got r got married again on 26.07.2008.All this while he has been living with his second wife. In 2015, I decided to seek divorce as there seem to be no remedy for my problem and I had moved on and I approached my husband who refused to do anything. I filed a bigamy suit in the year end of 2015, which has been dismissed saying that he has married after the appeal period of 30 days  of judgement and I had filed the case after 88 days of judgement.  My question is  if second marriage is valid ,what is my status? Am I still wife? What is the remedy to my problem? Can I seek divorce and take exparty decision as he is not going to come? should I take in the first place if she is also wife?. In the supreme court my husband had appealed that after the decree of divorce ,he had remarried after the 30 days of appeal period since there was no appeal and hence should be granted divorce. I had challenged that my appeal was well with in time.  Supreme court had dismissed the case. When such is the matter, how can my plea for bigamy be dismissed. Does nt it violate res judicata. If both high court and supreme court decide that there is no grounds for my divorece, why should I suffer because of the decision of the trial court? Had the trial court had not given divorce then he could not have remarried. How many days is the appeal period? Is it 30 days or 90 days. Is family court not obliged  to HMA ?Even when there is amendment for this appeal period, why this confusion of 30 or 90 days? Is it calculated from the day of judgement to filing the case or the number of days required to get the certified copy is deducted from the days elapsed between the judgment and the next appeal? Lastly, why there is no punishment for wrong judgement?

Your query reminds me of the movie The Terminal,  Victor without no country.

You have been sleeping while train left station, now you woke up and are complaining about train timings with Station Master.  Your husband took train and left already.  You also catch some train and go.

Originally posted by : vaishali
	Does the law permit to have two wives? The fact that supremecourt has dismissed his appeal for divorce ....gives me legal right to be his wife( eveb though it is not functional.if the second marriage is also legal....then does the law give permission for two wives...what if hence forth every man collude with lawyers and prevent from appealing in the court on time to get remarried and give legal status to the second marriage?is not it the price i am paying for the corruption in the legal the System Yes it is practical to take divorce ..if the husband is not consenting or coming for mutual consent....still the lower court can give divorce?...YES .but why should i give up my status as wife....i have been staying single....how does it matter to me if i dont take divorce????? What about my legal right for the property....should i give up that also

If all things proper, wife, husband, family. Yours starting only problem and husband did not find you proper, for your husband you only dont want, what can any court or lawyer do?

You could not live properly with husband then, and Now you are asking property, what property? which property, property etc all will come in your name if you have love affection good relatinos with husband and inlaws, you mess up, who will give anything to you?

train already left long long back, now approaching court will be like making fool of yourself, you asking refund now for ticket and passenger status.

 

20-30 years is married life, out of which you already spent more than a decade thinking, going court etc, now also you got some time left, go for remarriage.  Dont waste time. 

Originally posted by : vaishali
	I work in government job.if in case i marry without divorce which is remote idea, it will amount to adultery.should i do that because there is some loophole in the legal system and of course it is corrupt

Sir,

You take formal divorce from court and remarry if you want, without which your department can throw you out of job, or suspend you, going for live in relation also not permitted as you are govt servant, be careful.

 

Originally posted by : vaishali
	....but why should i give up my status as wife....i have been staying single....how does it matter to me if i dont take divorce????? What about my legal right for the property....should i give up that also

Don't give up. Keep fighting in court. The day will come when you will WIN. Your husband will fall on his knees and beg you for forgiveness. It may take another 10 or 20 years but you must keep your hope alive. The happiness you will get on that day will be immense. It is worth to give up all these years of life for that one day. Write a dairy about suffering of every day and all the court dates. It will make good scripttt for tragedy movie. Millions of people will sit in theater seeing your story and shedding their tears while eating popcorn and samosa. Government will make the movie tax-free. You will be so proud of your yourself! 

I dnt understand why are you dragging a dead relationship since 13 year. Just come out of all this . You had already spend 13 years of your life. Its India nothing you will get if you file case it will only spend another 10 years of your will with result zero. Forget all your past as a bad dream and find someone else. Accept your status of divorcee. Just move on in your life if you remain in past you will only ruin your life. You can remarry without any divorce no one is filling adultery on you as your ex husband already move on his life. In India people say laws are in women favour and protection but its a big false . No laws are in favour of women. Laws are only a weapons for lawyer and judicial system to earn money nothing else. You are doing good job just come out of past. As long you will carry your past it will only give you pain nothing else. Remember one thing giving punishment is not in our hand its in god hands. What punishment you are expecting from Indian court where people who murdered someone get free , without punishment. Indian judicial system is almost corrupted. Forget past as a bad dream and live in present focus your carrier. Find someone else live a happy life. I know its not easy for you but its not impossible. Just try it.