upkar gupta (lecturer) 27 October 2012
ANEESH TRIVEDI (ADVOCATE) (Advocate) 27 October 2012
I think nikki eithher you or your any near one facing same problem,
instead of wasting to prove this better divorce him and search a good partener and lead happy life a person who already left you and bind with another no need to follow such person ,
if you can easily prove it then its ok otherwise better to leave.
Kishor Mehta (CEO) 28 October 2012
Madam,
One of the approaches would be to give a legal notice of restitution of conjugal rights, if you are prepared to go and stay with the person, this will give you enough time to collect the necessary evidence from the neighbours.
However the best option is to file for divorce.
Good Luck
Kishor Mehta
Ramanathan G (Independent practice) 29 October 2012
Re-marriage without obtaining Divorce or Nullity decree means, the female who is willing to do that with knowledge of facts of either side for the re-marriage, will not get the status of "wife" in the said re-marriage, but just of "concubine", consequently there will be a lot of difficulties for maintenance, succession etc. It is told that, immediately after the first one week of marriage, there will be sufficient grounds for divorce, thus why to do re-marriage without any legal protection.
About proof of present spouse's re-marriage etc, there is no need of direct evidence or photos. Circumstantial evidence is sufficient. U/s 134 of evidence Act, the Judges have the power to presume about the Evidence produced by the parties. Thus please file the litigation to get "relieving order" from the present marriage. If the female will not file Application for Maintenance, the Divorce/ Nullity proceedings will commence immediately and if the Judge is a good man, within 6 months, on contest, you can get Nullity or Divorce decree, thereafter start new married life.
Wish you all the best.
Ramanathan.G
12 pm of 29-10-12
Ramanathan G (Independent practice) 29 October 2012
Once it is the case of matrimonial matter, i beg to submit that, "tell thousand lies to get a marriage done" is the principle, because, you are not going to get an ideal partner in this world. After the marriage, main problems can be by some relatives, who conduct "puppet show", and "thanks demand etc". Better will be to consult a Psychiatrist and Sexologist, prior to commencing any legal proceedings. In fact, your consulting them prior to litigation will give a presumption that, you want to live peacefully and not a drama life. You get life only once, then why to spoil that with litigations.
Rahul Kapoor (Legal Enthusiast) 29 October 2012
its not like that its impossible to prove. secure the evidences against the spouse.. contest your case well in the court.. some cases are settled in few months while some are dragged over years.. it depends on the way of contesting the case and also on every facts and cirumstances of each case.