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Uday Kant Jha (aaaa)     21 July 2013

Disclosed my 2nd marrage

I m need your valuble suggestion I m married on 1/7/2009, After the one month My wife is ill tempered and impatient. She has left home many a times after our fights. We both have problems with each other.. She has problem with my parents as well. I also have issues with her attitude,arguments and constant instigation and investigation that she does on me. According to her she is always right and I am always wrong. I have tried many a times to resolve things with all the calming efforts. But her parents are less supporting and whenever she leaves home they dont tell her to go back and solve issues. She wants to live separetely from me but doesnt want to get divorced. after 2 year she file case 498A and DV act. in mean time I m get 2nd married, our family get AB bail for lower court now I also get AB bail for high court on condition of The petitioner undertakes to keep the informant as wife with full dignity and honour, hence the accusation is not being deliberated. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today. in thre lower cour oder to me take my first to her matrimonal house. in the cour she was ready come back with me but after the out side the court she refuse to go with us. this was happend two time and thired time she submitted petition to I make not take back her to her matrimonal house. after that i move to high court for Modification of bail. now juge aks me to go surrender the lower court and get regular bail or the take your wife in your matrimonal house. In this situation what is best option for me and also I not discolse my 2nd marrage in the court. Please suggest.


Learning

 8 Replies


(Guest)

Jail jaane ki tayyari karlo.


Bas.


Maaloom nahi ki ek ka chutkaara paaye bina, dusre mein ghusedna kaanoonan apradh he.


Ab ginti suru karo.

HIRAL THAKKAR (ADVOCATE )     22 July 2013

If you disclose your second marriage you will be prosecuted for bigamy which in itself is a criminal offence, although you are not a muslim. Further as far as the first marriage is concerned you need to succeed in the case inorder to save your second marriage.

Further as far as the first marriage is concerned if you are not ready to take back your wife to her matrimonial home, it means you need divorce and it is best to obtain divorce, but that too on valid grounds and in your case the best ground is cruelty and non consummation of marriage.

Regards

Mohini (housewife)     22 July 2013

I am hindu and My friend is divorced  in 2001, thru Deed of divorece, in sub registar office .( she is having girl baby from this husband and living with her ), she remarried 2002but due to some problems in children now she is living alone with hr own child, she had made Deed of Divorece is sub registrar office and paid all the charges of registration. Now she applied passport and officer saying that bring previous Registered deed of divorece  , she demanding from first husband but he is not giving pls let me know what she do now?Her first husband many times refused her..pls help. Passport officer saying u also bring your daughteres birth certificate, that is also with her previous husband and he is not giving. Thanks

HIRAL THAKKAR (ADVOCATE )     22 July 2013

Divorce is valid only after a decree from the judicial authority i.e when a court of appropriate jurisdiction grants a decree of divorce dissolving the marriage. As far as the deed of divorce is concerned it is invalid and your marriage is not annulled.

dr g balakrishnan (advocate/counsel supreme court)     22 July 2013

u cannot marry till divorce decreed at amily court. again u will be in trouble with your second wige too, as you had bigamy charges that will be moved by your 1st wige. who helped your second marriage when ur 1st wige divorce is in court. u went on tossing yoursel here and there.

 

better patch up mutually agreeable way that way u can solve your matters, like in compounding oences that compounding is not available unless both agree to get conciliated. get conciliated with 1st wie who may need maintenance pay and orget.

second wie will not cause trouble.

get hold og god conciliator that can help to get your 1st wie withdrawing the case!

Advocate Abhijeet singh (ADVOCATE)     22 July 2013

dear u did very wrong with ur life now to be

Of Offences Relating to Marriage

494 - Marrying again during lifetime of husband or wife

495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

496 - Marriage ceremony fraudulently gone through without lawful marriage

497 - Adultery

 

498 - Enticing or taking away or detaining with criminal intent a married woman, 498A - Husband or relative of husband of a woman subjecting her to cruelty

K.K.Ganguly (Advocate)     28 July 2013

You are likely to be in deep trouble very shortly.

dr g balakrishnan (advocate/counsel supreme court)     28 July 2013

Did u get legal advice to marry without you getting that your 1st marriage is not legally divorced by a court og law or you took your own sweet decision?. regards 


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