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Paul (na)     10 April 2013

Marrying again without dissolution of the first marriage

Hi,

I have been living separately from my wife for almost 2 years now because of irreconcilable differences. However, she seems disinterested in having any form of legal separation.  Yet, i want to move on with my life. What are the repercussions if I marry another woman again without the dissolution of my first marriage? 



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 10 Replies


(Guest)

Any plans to end up in jail?


Looks like you have all the right ingredients !

Advocate Sastry (Advocate)     10 April 2013

Section 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.

Paul (na)     10 April 2013

I fully understand this. But I am just wondering. How come there are cases in which a hindu guy is married in one state and got married again in the other? Isn't there a centralized marriage register that can check if you were already married? 

Adv k . mahesh (advocate)     10 April 2013

take mutual divorce through court and then marry another time without that you would be end up in jail because after anohter marriage you first wife may come back or she may complain about you second marriage to police and your work place and you may end up anywhere 

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Paul (na)     10 April 2013

sad thing is that, she has all the money that i had during all the years we were together. and i mean, literally. all the investment documents and records and everything she managed to take with her when she left. she was never employed during those times and i think the reason why she doesnt wsant any separation is because she is now employed and having a far high-paying job than mine. what is my best move? 


(Guest)
Originally posted by : Paul

sad thing is that, she has all the money that i had during all the years we were together. and i mean, literally. all the investment documents and records and everything she managed to take with her when she left. she was never employed during those times and i think the reason why she doesnt wsant any separation is because she is now employed and having a far high-paying job than mine. what is my best move? 

Forget the money.


You can earn money in the future.


Take divorce via MCD.


There are many illegal ways [I recommend none of them] of getting married without divorcing the first one.  All those ways are risky, and will call for unwanted problems which you would not have thought, only to make your life more complicated.

Adv k . mahesh (advocate)     10 April 2013

best way first you take all the documents which she is having right now like you said invetment documents and records then try to sought her to come back try any elder person to mediate and even then if she is not coming try to talk to her for mutual divorce 

she is also staying away from you and your matrimonial life is also not good 

thus you both blessed with children 

Paul (na)     10 April 2013

i have tried many times to ask for those documents and investment records and she never replied. i can only communicate to her through her relatives because she has changed all her contact details. another thing is that i cannot pretend to ask her to come back anymore because i myself cannot stay with her. 

also, her family keeps on harassing me and asking for more money when she has lahks and lahks of money which were earned by me. 

i want a mutual myself but their family is so greedy. they have our daughter with them as well.

what is my best strategy for them to agree on a mutual? i couldnt afford to give what they are asking since im having a regular income job only. 

Can i file for a case against her for all the money she took from me without my consent? 

Adv k . mahesh (advocate)     10 April 2013

normally wife are harassed by husband for money etc., and in your case all is reverse 

if you have proof of giving her lakhs and lakhs then demand a divorce from her which means mutual divorce which takes less time 

even then they demand money for divorce then you can show those evidence that you already paid money to her 

and what about that child means you have to pay maintence to her (till the child attains major ) even if you marry another women after divorce 

Paul (na)     10 April 2013

 

first of, i didn't willingly give her the money. she just transferred everything into her own account without my knowledge. foolishly, i didnt expect it at all so it took some time to know about it. i don't have any hard evidence of her having that money now because she has all the account details with her. i cannot just go to the bank and say its mine, right?  the only thing is that she never had a job during our years together and even before that. 

my other question is: can she still have maintenance claims (a high one) for our daughter even when she has all my money? she is in a way high paying job than mine now. 


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