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Aakash (CEO)     23 March 2012

2nd marriage

Hi,

My friend filed a divorce case and his wife is not coming to India to respond to the case for almost 1 year now as she is living in USA for last 8 years. In the mean time my friend met a girl and now they both want to get married. What are Do's and Don't if they go for the marriage?



Learning

 13 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 March 2012

Take proper precautions and both are willing no problem.

1 Like

Aakash (CEO)     23 March 2012

What are the precautions in reality? Thats what the query is about, Both are willing and ready to face the consequences but I think that would be idotic if they marry and get into problems rather enjoying the married life

Shantilal Pandya ( Advocate)     23 March 2012

Expedite disposal of divorce  petition and get decision  probably in your favor, why  divorce petition is not decided ? it is needless to  say that  no second marriage  can be  cotracted  so long as the divorce with your wife is not obtained 

Shantilal Pandya ( Advocate)     23 March 2012

Originally posted by :Shantilal Pandya
"







Expedite disposal of divorce  petition and get decision  probably in your  friends favor, why  divorce petition is not decided ? it is needless to  say that  no second marriage  can be  cotracted  so long as the divorce with your  friends wife is not obtained 
"

Aakash (CEO)     23 March 2012

Wife is not interested in divorcing her husband and also she is not revealing her address(she is living in USA for last 8 years) etc to the guy and thats why summons are not being served and judge is not in a position to take any decision. It looks like court gonna take its own time in deciding the divorce but since the guy has already lost so many years and if the guy still waits for disposal of divorce petition for few more years then there is no need to go for 2nd marriage coz guy is alreayd in his 40s. But if they get married secretly and let court take another 5-10 years to decide then they are not losing time(which is most important thing at present).

Shantilal Pandya ( Advocate)     23 March 2012

summons can be served through the public notice  in the govt. gazzette or in the daily news paper operating in the areas where the respondent  resides , it will be  a  good service in the circumstances 

1 Like

Aakash (CEO)     23 March 2012

She could be living anywhere in USA(10 lakh/1 Million Square Km of area), God knows where she lives, atleast the guy is not aware of her whereabouts and nobody from his in-laws family is ready to give him those details.

stanley (Freedom)     23 March 2012

I presume summons could be served through the Indian embassy  in US . If you have her passport details she can be traced down through the in and out entries on her passport .

1 Like

Aakash (CEO)     23 March 2012

Thank you all for responding and somehow I am little bit confused as to what really happens here, The query was totally on Do's and Don'ts when a person is trying to live a normal life(abnormal way though) when judiciary is not able to sort out the issue in time (I blame the guy for not having proper address of his spouse) but still a female is all set to make sure the guy lives in misery while she enjoys a life in alien country. This thread has become more of a discussion about what to do when wife is absconding without informing her husband.

Having passport number won't get  in and out entries unless passport is produced in the court, which happens to be in the custody of passport holder, US Embassy can't serve the summon which has no proper address and neither they are liable to trace the person.

Let me see if I can get answer on this query "What a wife can do or demand after deserting her husband for almost 8 years and live in alien country while husband is living in India?"


(Guest)

Get an exparte divorce decree, If the wife is not appearing the court, then Let her go to Hell.

Court will pass Exparte Decree....

Aakash (CEO)     23 March 2012

Good lord we are still talking about divorce.........

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

Don't get married w/o divorce

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Aakash (CEO)     24 March 2012

Thank you Shonee ji, can I know the implications if my friend gets married secretly and starts living with new partner?


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