MPW 20 August 2018

Can i marry another one before rcr decree and filing divorce petition to avoid alimony.

My wife deserted me 3.2 yrs back along with daughter who is 5.5 yrs old now. Later she filed DVA for interim as of now cross exam of her is in progress.I don't have job & regular salary since 3+yrs where as she is overqualified, on regular job and handful salary. As per deposition recorded during DVA cross she has clearly admitted she doesn't want to rejoin. Also I have G&WC interim order granting child visitation rights and awaiting RCR decree yet to be ordered. As it's 3+yrs if I initially marry another one(without registration) then legally register, does it invite major issue? Kindly advise as she has huge expectations/ settlement which I can't afford as I have cleared everything from accounts(totally dry), also she is neither ready for MCD nor Reunion? please suggest how do I overcome this legal challenge in Smart and Safe way.

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Adv Deepak Joshi +917017821512 (Advocate) 20 August 2018

Dear querist,

Do not play with law, with getting divorce decree if you marry and your 1st wife proved your 2nd marriage in court then you will be great trouble.

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Put your energy and effort on obtaining divorce decree.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Kumar Doab (FIN) 21 August 2018

Which personal law applies in your case?

Are you all Hindu?

Confirm!

Kumar Doab (FIN) 21 August 2018

The court may not force the spouse to stay with other spouse.

Go thru SC judgment; “Wife is not a chattel”.

If other spouse fails RCR order then affected spouse may have ground to pray and convince court for divorce.

If other spouse is qualified and earning handsomely, submit the evidence to court.

Prepare you list of liabilities and evidence of havig NO income, so that court does not award maitainance/alimony for other spouse.

The welfare of child is of paramount concern for court.

You may be asked to maintain child.

IT may not be necessary to register marriage.

The trail of evidences that can prove marriage may go against you.

As per provisions of personal law that applies in your case, IT may be illegal to marry during subsitence of 1st marriage.

Avoid committing any illegality, transgression.

Kumar Doab (FIN) 21 August 2018

Although IT is difficult to prove bigamy/adultery but at the same time there are instances/judgments showing IT was proved.

There are many threads on similar query at LCI also e.g;

GO thru;

Home / Experts / Family Law

Bigamy

Kumar Doab (FIN) 21 August 2018

Rest your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.

There are able counsels at each location.

Check for resuch counsels at LOCAL Family/ civil courts, HC, SC…

You can also seek inputs from helpgroups that have their volounteers/office in your location, seasoned PIP’s.