Second marriage possible without divorce/annulment

If she is out of country then she can easily conjugate with other person without marriage and lates can marry. you can file report of missing shown as your wife.

Is this forum only for the peoples who seeking mode of legal course or to find solutions to their problems both legally and ethically.

1. What will be the restitution of Conjugal rights in my case ? Can I file a case in court that my wife is not living with me without any reason ? I can prove that.

2. What is "desertion" of marriage ? If my wife doesn't stay with me for continuous 2 years (just after the marriage day), can she file a case of nulling of marriage on this basis after 2 years ? What is the latest law?

Pls. advice

sir

which portion of replies you found unethical must have been brought out for us to understand your view fully

regards

VLV

1. What will be the restitution of Conjugal rights in my case ? Can I file a case in court that my wife is not living with me without any reason ? I can prove that.

Well. you are taking things albeit very slow.  please move away from theory here to act. Also, you must be aware of ground realities before you take action. if she has married again, you can file adultery case with the new groom and trouble the marriage. 

your right is to get a court order compelling her to come back to your house. she will have right to defend and explain why it can't be done, if any reasonable cause is there. something like you are a womaniser, you are having disease etc. this area your counsel will inform you. 

she may or may not respect the order. next step will be to apply for divorce 

2. What is "desertion" of marriage ? If my wife doesn't stay with me for continuous 2 years (just after the marriage day), can she file a case of nulling of marriage on this basis after 2 years ? What is the latest law? 

please do not expect complete free handling of case. walk into an advocate and that will be better. 

Pls. advice - advices have flown, now you act. monitor her, record convesatins, videos, emails, letters, can hire security agency to find status etc. and please meet a lawyer to take care of your rights. if you are really in need. if you just want to talk hypothetically, then say so, many (incl me) will not waste time

sir i do not understand, why if she is in India she can not have intercourse with others, but possible abroad - any way even if she has adulterous extra marital affairs here or abroad it is an offence under IPC.

conjugate is not equatable to intercourse. conjugal right includes all rights because of marriage - like getting custom based family recognition in pujas etc. 

Thanks for all the support and guidance solicited to me here. All the information provided here gave me the basic legal knowledge of the condition am into and will face.

I will hire a lawyer and take extra measure to ensure that matters solve as swiftly as possible for both of us.

Am closing this loop here only.

Cheers

First of all Mr. Shah I want to request u to come after full knowledge here as suggestions with lack knowledge would be harmfull to the query makers as well ur futur also.

Now Mr. Chand,

U have a option to file a case of bigamy if u have full proofs against ur wife of second marriage.

Mr Chand,  though you rightly said these kind of girls always keep looking for greener pastures and ditch their husband.  Dont forget that she may also ditch her present husband and try to harass you aswell with all the draconian laws now available in India for women.  And  even the laws and court is in their favour. If a woman commits Bigamy, it has to be forgotten, but  if it is from men, it is a crime and he should face the consequences.  Why men do not have the  same pain and pinch is it ?  Go ahead and proceed legally against her with all the proof.  Such wome shall not escape crime.  Otherwise, you have to live in fear all the time and before ruining others lives, she will ruin yours.  It is not a waste of time.  

Dear ChandL

Yesterday Supreme court has delivered this judgement - This could be useful for your case too.  If woman need not prove... the man too need not prove can be comfortably inferred until and unless explained otherwise.  That means you need not know exactly whether she got married secretly by her family or not - on your complaint the police will investigate and find out the truth.

See the news report:

New Delhi, April 2: The Supreme Court verdict on bigamy in which it said a wife need not furnish proof of the husband’s second marriage was based on a special leave petition of one Ms K. Neelavani from Tamil Nadu, who had lodged an FIR against her husband Mr S.K. Siva Kumar.

She had alleged that her husband had entered into a secret second marriage with another woman. Mr Kumar challenged the filing of the chargesheet against him in the Madras HC claiming that he had not entered into any liaison with Bharathi and there was “no proof” of their marriage. However, the SC set aside the order for quashing the charges against Mr Kumar.

  Nnow