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ajay   23 May 2016

Engagement before divorce

Hi Respected lawyers I got married in 2014 january but our married life lasted only for 2 months. My wife filed many cases including 498a against me. All these cases are going on in court and  many mediations were held and in all those she and her family insisted that she will come forward for a mutual divorce only if i pay her 25 lakh rs which i rejected. So cases are going on for more than 2 years now. Last week i came to know that she got engaged and her marriage will be held in April next year. So my doubt is is it illegal to get engaged and even fix the marriage date before getting divorced ? Also can i file a criminal case against her and her parents ?. Will this help me in getting the divorce without paying any compensation ?

Thanks

Ajay



Learning

 8 Replies

Kumar Doab (FIN)     23 May 2016

Do you have any irrefutable evidence of it?

ajay   23 May 2016

Originally posted by : Kumar Doab
Do you have any irrefutable evidence of it?

Sir the engagement was held in her home. Many neighbors and relatives were present.. As per the information i got from a neighbor her parents told everyone that she got the divorce 2 months ago. If i can file a case against her in a police station then surely when they inquire in the neighboring areas they will know the truth... The marriage is fixed and the exact date and the venue is not fixed but the date will be in April next year.. So if the marriage take place then i will have lot of solid proofs like photos, videos, wedding invitation etc.... But my doubt is can i file a case agaisnt her now in a police station ? As everybody in her neighboring area were present in the engagement ceremony and all of them were told that she got dovorce i feel a police enquiry will revel the truth.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

Getting engaged with another person by either party is illegal during the proceedings of the existing divorce case.

ajay   23 May 2016

Originally posted by : SAINATH DEVALLA
Getting engaged with another person by either party is illegal during the proceedings of the existing divorce case.

Sir can i file a case against her and her parents ?


(Guest)

Let her marry, you keep quiet, hire spy to keep eye on her, and take photos of her marriage or engagement, and give it in family court, ask for divorce, if they gave you dowry, file case on them that they tried to give you dowy, let them go to jail, why are you afraid?  Giving dowry is as big crime as recieving dowry.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

Gather all valid evidences and witnessess regarding her presumed engagement and produce them in the court as and when required.Without authentic evidences there is no use of filing any complaint.

A walk alone (-)     23 May 2016

First gather proofs like video, photos of her engagement. Hire a detective he will gave you all proofs against her. Call her relatives not as her husband say introduced your like someone as and you are looking for bride if they say that she is engaged ask date and record all this. It can be a evidence. Once you gather evidence file divorce using these evidence cruelty its illegal if she engage before divorce. Or you can proof adultery with the help of evidence. Once you got divorce other cases which she filled on you will go in cool bag

(Guest)

You also go and start casual relationship with someone else. However do not marry or even promise to marry. Only build relation with women who can value relationships without demanding handcuffs. Marriage demand by women is like dowry demand by men, totally unreasonable and oppressive - it should be illegal. Marriage is big mistake with current situation of Indian laws and court delays. Find evidence of wife's remarriage and use that to dismiss the cases she has filed on you. No need to file new cases on her. Such women dig their own grave in due course of time, you don't need to do anything. Indian courts are totally ineffective to punish wrongdoers or protect inncoent people. Forget about going to court. Stay away from lawyers. Filing case is just inviting more headache for yourself. I feel bad for the new bakra your wife has found. He is walking into a trap and will pay heavy price. Perhaps the country has to go through a few million more young adults to languish their life in DV/125/498A cases rather than contribute to society. Sooner or later the general population will wake up and abandon this bullsh*t institution of marriage. 


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