Second marriage possible without divorce/annulment

Ha.. ha.. very nice to see so many philosophers rendering their services in this LEGAL advice forum !!!

 But, Mr. Chand, Its good to see you concluding with comment ' After all, we all are human being at the end of the day.'  But if your philosophical resignation is due to your apprehension 'The irony is , even the laws and court is in their favour' then, don't give up - In this case the law is not in 'their' side.  If you take action she will get her much deserving punishment. 

Oh, yes... !! Make the hay while sun shines..  Chand, please file a suit against that girl and her family..  it is a question of survival of two advocates.. we should not leave a single chance of taking advantage of the situations. It is our professional ethics. Sleeping over one's rights is not correct. Contact an advocate immdiately and fight for the justice, till you succeed.

Dear Mr. Chand:

Now,  you know the legal recourse available to you against your ex-wife, from our learned members.  The ball is at your court now, as after filing the suit or otherwise, no one here is going to accompany you.  So, weigh your options and base your decisions on them carefully.

As far as I go, I would just let a thing go if it is close to my heart, but itz just me.  I am not going to book my sister for "affray" if she slaps me, and on the other hand, I dont expect the same from her.

From the legal point of view, you must initiate action against her by booking her under bigamy, or at least, clear things out from your perspective to keep your future happy and to see that she does not come and create problems in the future.

Cheers!

*assault, not "affray"  my bad!

Venkatesh, does she have any right to create problems for him after getting married to another person..?

hi,

Legally not, she does not have any right, other than to be behind the bars!  But as we can see the attitude of hers and her parents', it is always good to have things straightened out with her.  I have seen a couple of cases, where the girls get off from the second and return to the previous one.

Also, we do not know how she got married to the other person, but regardless the second marraige is void as long as the first remains alive, isnt it?

What if she comes back in about a month or two and claims that she is his wife!  Things will get nasty then!

So, it is good for him to get things straightened out legally, get the marriage annulled and go ahead with another life!

Cheers!

Mr. Venkatesh ~ That's a valid apprehension.  I appreciate your advice to set things right and not give a chance. 

Ms. Suchitra ! -  "Oh, yes... !! Make the hay while sun shines..  Chand, please file a suit against that girl and her family..  it is a question of survival of two advocates.."  I dont want to comment anything on your comment 'survival of two advocates' - but, Mr. Chand is here seeking LEGAL advice - that has to be remembered first.

Other than legal advice any other advice is like going for a maths exam and writing answers of social studies because you are more good in social studies - with the delivery of legal advice we can add a bit of advice from our experience or what we think good but we shall not insist or keep on pressuring.  Since Mr. Chand has now learnt his legal position now he might turn for advices from his friends, well wishers, family and or spiritual resources - and he will act only in such a way that will give him peace of mind.  

You are in a temple, you are a priest - your duty is only to perform 'pooja' not to go ahead and give financial advices, just because you are also an financial expert - to devotees who come there to your temple.  Here in this LEGAL forum we do our duty of advicing on legal aspects and if we think necessary we might add one or two pieces of advice but certainly not keep on pressuring advice to get someone into our track.   Hope you got it. 

When it comes to profession - you MUST be a professional else, you will be harming your own client.  You will learn this lesson soon you complete your course and start practicing.  Good luck.

Thank you so much, Sir.

hi

First use diamond to cut diamond. 

Arrange for meeting to discuss modalities of out of court settlement. Capture it on video (ask lenin karuppan(s) of your area to get spy cams) 

speak to local police station and tell them that you are being intimidated by them and you want to record conversation to avoid future harassment, if you have any known inspector. With their help get recording of the mobile conversation with your wife. even sms and take sms copy. please know for 6 months the companies keep these records. 

after doing the same, have another meeting with parents of girl and have policeme(a)n in plaincloths as your relative or friend and get them arrested 

file for divorce after these are done. 

she may fall for email discussion too

today women protection laws are used for harassing wemen and we must fight it tooth and nail

Legal questions/angles are already answered by my brothern, no need to repeat.

Legal divorce the only  way, as you have a legal hindu marriage to avoid the demoness coming to you ever for more blood and flesh

regards

VLV

Hey,

Lots of suggestion coming through. And thanks for the suggestion on legal rights that I have. Keeping the reputation of girl and her family I think I should get the mess legally "cleared". It might be possible that her second marriage is still not registered and when i file a case, they simply say that she is not married (because I don't have any proof).

In that case, shall I file a case in advance against her family that-

1.They are intimidting me with dire consequences , if I don't go for 'out of court' settlement.

2. They have kidnapped my wife and torturing her and even threatening me with murder

3. Will police help me bring my wife to my place in this condition, so that I get the things cleared from my wife -whether she married of her own will or whether it was a forced marriage from her family/new husband?

4. What if the girls family file a dowry/sxual harassment case against me after I file a kidnapping/intimidating case against them. Whose case will be strong?

Pls. advice

Mr. Chand

you are not clear. initially you said your wife is asking for out of court settlement. but now you are talking of kidnapping case. it would not be kidnap if she says she is staying on her own volition. so, your case will fizzle out. 

criminal intimidation case will need strong evidence, that is why i talked about recording. may be utv bindass like sting operation needed to get the evidence. 

Be sure your wife(!) is with you on this. if she wants to stay with you, you could file restitution petition u./s9 of HMA could work. if this is succeeded in court your wife's stand will be clear. if you do this routine, if the order is not respected, in a year you will be eligible for divorce. 

if your wife is on their side, domestic violence, dowry harassment etc. will haunt you for a while. but with legal help and few visits to PS you could get through it.  evidences of her love to you in letters, mails etc. will help you clear yourself. 

so stop theory here. enough is heard. meet some good criminal and familyl lawyer

ATB 

regards

VLV

Also, be informed that  out of court settlement has no force in them prosecuting you in criminal and civil proceedings. 

hence, do the right step, go along till you have evidence of threat then file case. 

most importantly, if you love your wife and if she loves you, speak out and go ahead in life. if she does not love you (any more), take preventive steps and file cases both civil and criminal. 

regards

VLV

Mr chand,,, you can sure send her beind bar if you have proof of her both marriages ,, first with you and second with 2nd husband if I will sure suggest doing that if she really cheated you and you want to take revenge , but from now if you want your life peaceful then get your marriage annuliazed or get divorce by mutual consent so that things will be clear in future and she will not be able to put you under any problem by law., because as learned lawyers said taht her second marriage is not valid and she can come any time validating marriage with you... if something again will not work with her second husband.

So legally make yourself prepare, but no need of criminal or unnecessary time waste.

But I suggest not to waste your time for the events happened in past.

Your point is valid that am not very clear of her situation. Her leaving India is also a rumour or fact , I don't know for sure. Am still in dilemma if she is married or not. She is definitely not with me and is in support of her family.

What options do I have if she and her family leaves India ?

Can I file a case against her family , if they send her abroad ?

Her marriage in a foreign land will be valid ? And If I have the proof, can I file a case against her family for that?

pls advice

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