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(Guest)

Expert advice needed

The story goes like...

9yrs back my girl friend A (diff community) wanted me to marry her because their parents were in search of a groom. Both sides parents were not willing to accept our love. Then as a precautionary action, we went to arya samaj and got a certificate to protect her from her parents. The intent was to get a fake copy of the certificate but immaturity lead me to go for the actual ritual. 

Next day of that arya samaj ceremony she left to her parents place and revealed it. Her parents called me, they took the certificate. After that she left to foreign and we have separated for years.

After these many years, I have agreed to marry and married B according to Hindu rituals. My fate turned upside down again. B turned out to be impatient, arrogant and immature girl and I cannot stand her for 15min. It’s difficult to tolerate her. While I am trying to save the marriage with B as B has left me and staying in her relatives place from past 6months. While this was going on, A came back to me to ask for official divorce. A has got the ex-partee divorce done in her favor.

Now what’s the status of B? Since she no longer has the status of a legal wife, Am I eligible for RCR or divorce or any other legal proceedings? What if she files cases? 494,495,498a, 417 all sections are applicable L

Experts here can say to marry B again but as I have already told you it’s difficult to have a peaceful married life with her. Her impatience is driving me nuts. She has suicidal tendencies and threatened me several times to kill herself and me. She hates my family and friends. I tried for marriage counseling, psychiatric help but she never has agreed to go for it.

Is there any future for me? am I eligible for RCR/Divorce filing?  Will it create more problems for me legally? How to come out of this mess :-( experts please advise me K



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 4 Replies

Goutam Prasad (Advocate)     10 December 2012

It seems A has got ex-parte divorce in foreign land and might be trying for registration of the same in India so that Indian Courts also recognise the same. Hence, you might have received the summons. In that case it is you to decide on future course of action. If she does not want to continue the marriage and even you have already got married with B, then you may file NOC on such ex-parte divorce and thereby such divorce will be recognised in India too.

Alternatively, if you want to have B as not legally wedded wife's status, you can object to registration of Ex-parte divorce of A. But, there will be risk of bigamy complaint being filed by both A and B. In that situation, you will fail to defend your self.

Hence, it is suggested to provide NOC to A and seek proper divorce from B in appropriate court. As counter blast B may initiate 498A, 406 and DV cases agaist you. But with good representaion, you can defend your self.

https://www.,aegisjurist.com

https://www.facebook.com/aegisjurist


(Guest)

Goutam,


Inorder to file divorce from B, she should be a legal wife right? In the eyes of law, B doesn't have the status of a legal wife.

If I file then it will be like misguiding the court and may get into trouble for not providing the factual information right?


(Guest)
bump for expert advice!!!

(Guest)

bump for expert advice!!!!


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