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Arjun Ganesh (Individual Contributor)     08 February 2014

Ex wife marraied?

Hello All,

How to find out if my EX Wife is married again?
If marriage is registered, don't know which town/city it was registered.
Good chances marriage would'nt be registered
 got divorce 2 years ago, but there is a pending 498a.

Thanks
Arjun



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

What is it going to mater to you if she has remarried? her remarriage is not going to alter the situation of the impending  498a case.  That case is based on the events that took place during that time, you cannot claim any exemption due to her remarriage in the ongoing criminal case against you.

For knowing about all her subsequent activities you should engage the services of a private detective agency.

**Victim** (job)     09 February 2014

I differ from the ld. Advocate's opinion. He is right in a way that 498(a) has nothing to do with remarriage but what if your lawyer wish to cross examine her ? I am 100 % sure she won't come to court if she is remarried and you could take advantage of this situation by approaching high court for quashing this case. The bottom line should be if you went through hell then your wife should go through hell too. If she is remarried then you should make her come to court that itself will be big challenge for her. What makes her think that she is free to live her life after harassing you ? The only way out is let you free from these cases else she should suffer.

Dr J C Vashista (Advocate)     09 February 2014

You are required to follow her to find out the factum of remarriage.


When there is a pending 498 A  case is there get her summoned/ warrants issued by the court, compelling her to attend the case.

Even then if she does not turn up, either the court will close the case or get the FIR quashed.
 

1 Like

**Victim** (job)     09 February 2014

Originally posted by : Dr J C Vashista 9891152939

You are required to follow her to find out the factum of remarriage.


When there is a pending 498 A  case is there get her summoned/ warrants issued by the court, compelling her to attend the case.

Even then if she does not turn up, either the court will close the case or get the FIR quashed.
 

 

This is what i call " CheckMate ". Thank you sir for putting this out to the author of this forum.

T. Kalaiselvan, Advocate (Advocate)     09 February 2014

@Victim: how do you say that she harassed the author? just because she lodged a complaint with the police for 498A, she cannot be presumed to have harassed the  author, why dont you take it the other way, that after getting divorce, she chose to live a life of her own minus previous bitter experiences? It is not always that women fle false cases against their spouses, there may be some real victims too, further, the law will take its own course of action if the witness to the case remain absent and choose not to prosecute the case any more. Thus, I reiterate my contention that the remarriage is not going to alter any situation that may arise subsequently in connection with the impending case.  What if she appears before the court and reiterates her contention that the author had tortured her and did all the cruel acts mentioned in her complaint narrating the event chronologically and effectively handling the cross examination too?, can the defence lawyer take a stand that since she is remarried she has lost her locus standi in the case hence it may be dismissed?,

**Victim** (job)     09 February 2014

Originally posted by : T. Kalaiselvan, Advocate

@Victim: how do you say that she harassed the author? just because she lodged a complaint with the police for 498A, she cannot be presumed to have harassed the  author, why dont you take it the other way, that after getting divorce, she chose to live a life of her own minus previous bitter experiences? It is not always that women fle false cases against their spouses, there may be some real victims too, further, the law will take its own course of action if the witness to the case remain absent and choose not to prosecute the case any more. Thus, I reiterate my contention that the remarriage is not going to alter any situation that may arise subsequently in connection with the impending case.  What if she appears before the court and reiterates her contention that the author had tortured her and did all the cruel acts mentioned in her complaint narrating the event chronologically and effectively handling the cross examination too?, can the defence lawyer take a stand that since she is remarried she has lost her locus standi in the case hence it may be dismissed?,

 

I still stand on my opinion and even if the girl is appearing for cross examination in court still it will be hard for her to continue that case. Even if girl is right and let's assume that dowry demand was made and case is on her side - the second husband will have problems of her appearing in court all the time. Sir the bottom line is that it affects her second relationship. If she has continued with her life then why can't someone else deserve to continue happily ? Reiterating the same thing - if first husband goes through hell then she should go through hell !

 

Dr J C Vashista (Advocate)     10 February 2014

Mr/Ms. Victim,

As remarked/ Opinied  I didnot make it a "CHECK-MATE",  It is your choice/baby. I had not tried or adivsed to put the author out of forum.this is my opinion, you may or may not accept.

Your opinion on the expert advise of Mr. T Kalaiselvan, Advocate that " if first husband goes through hell then she should go through hell" is prima facie true and correctbut certainly such comments are unhealthy and not acceptable, I request you to please avoid such comments.

You are welcome to give your independent advise/opinion for the benefit fo querist as well as other members of LCI..

**Victim** (job)     10 February 2014

Originally posted by : Dr J C Vashista 9891152939

Mr/Ms. Victim,

As remarked/ Opinied  I didnot make it a "CHECK-MATE",  It is your choice/baby. I had not tried or adivsed to put the author out of forum.this is my opinion, you may or may not accept.

Your opinion on the expert advise of Mr. T Kalaiselvan, Advocate that " if first husband goes through hell then she should go through hell" is prima facie true and correct. but certainly such comments are unhealthy and not acceptable, I request you to please avoid such comments.

You are welcome to give your independent advise/opinion for the benefit fo querist as well as other members of LCI..

 

Sir it is my opinion and if you notice i am not professional as you are. Whatever i am advising, i have gone through it at some point in my life and i am speaking from my experience. I can see that you may have seen more diwali then i did but i don't prefer to be addressed as "baby" and i request you to avoid such comments. We all have difference in opinion and in your view, you may see me teaching illegal things to some members but at the end of the day it helps !  I am not professional and neither i consider myself as one. So feel free to express your view sir........it is upto members how they want to interpret your advise.

Dr J C Vashista (Advocate)     11 February 2014

Dear Victim,

Where did I address you as "baby"? Kindly read my opinion as a whole.

Even if you have interretted my saying so I feel sorry and withdraw my quote.

Better to stop such conversation here itself, I request.

**Victim** (job)     11 February 2014

Originally posted by : Dr J C Vashista 9891152939

Dear Victim,

Where did I address you as "baby"? Kindly read my opinion as a whole.

Even if you have interretted my saying so I feel sorry and withdraw my quote.

Better to stop such conversation here itself, I request.

 

Sir acknowledging your request on good terms !

K.P.Satish Kumar (Advocate)     23 February 2014

498 a is not a hurdle for second marriage when your wife get legally divorce from you. You make some compromise measures to close the 498 A case.


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