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sushi   20 September 2015

Divorce

Hi...I got married in 2003..just two months into marriage ,I was packed off to my matrimonial home on frivelous reasons though contrary to their statement i had suffered...In 2005 my husband filed divorce under section 13(b)...and divorce was granted by session court on frivelous grounds...I moved to the high court against divorce dcree granted in the session court....however in 2009 high court observed that there is no grounds for divorce and my appeal was allowed...meanwhile during the appeal period...he had remarried which he produced before the court....Judge infact mediated for settlement...However...since I had gone through hell...I didnot want to compromise for divorce...and divorce was taboo...he appealed before the supremecourt ..where his case wasnot admitted in2010...He is living with his second wife...time has passed and wounds have also healed...I have moved on..I understand my marriage is irretrivably broken...I want to go abroad and pursue my higher study abroad in six months...I want to settle this divorce....bbefore leaving to abroad and start fresh...I had informed him my wish to grant him divorce...but they are not responding...how to move ahead...should I put bigamy case?....I am not in a state of mind to trouble him..though I have faced innumarable hardship because of him...How soon I can get a divorce...can I file for exparty divorce.....what if they delay the proceedings... because I want to go abroad and settle at the earliest....how to go about it...



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 6 Replies

advocatepassy@gmail.com 971794 (Advocate)     20 September 2015

The best course could be not to pursue it further. He has moved on and now you want to move on. He got married after getting divorce from trial court and no bigamy can be filled against hum. Better meet him and tell him that now you too want to move on and settle for MCD, though I am not very sure, if that will apply. He knows that his appeal was rejected in SC

sushi   20 September 2015

He got married during the waiting period of 30 days..

 

sushi   20 September 2015

what is my status if that doesnot amount to bigamy? does hindu law allow two wives

sushi   20 September 2015

if the second marriage is valid,then what is my status....? should i take divorce at all

sushi   20 September 2015

I want a clarity in the issue....The date of the trial court judgment is dated 19th April, 2008.My advocate in the trial court  had applied on 22-4-2008 and he had received the same on 20-6-2008..I had filed in the Hon`ble  High court on 8-7-2008 ...The alleged marriage is dated 27.06.2008 ...so will that amount to bygamy?

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 September 2015

Dear,

 

He should have not married, I think the answer to your question is bigmay and not a valid marriage, because the intention of the legislature was clear ...

 

Warm Regards

Kapil Chandna Advocate

9899011450


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