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ramesh (na)     21 March 2012

Second marriage without divorce from first

Hi,

I just came to know about my wife is going to get married with someone. Even I know the date when it going to happen.  But it is going to happen inside the closed room with presence of their parents only. There is no Divorce petition filed yet by any of the party. I belong to hindu religion.

Below are the different case status against me.

My wife has filed the cases against me 498A, 125, 27 HMA. All are in pending status in the courts. All are fraud cases. I had filed sec9 HMA . It is decided and I won the case. But stiil wife is not joining me. I have filled the execution petition for the order of sect 9.  which is in pending status curretnly.

I really dont want her to come in my life again. I need your suggestion on what kind of action can be taken against her for remarring without divorce.. What should be my approach to take the revenge for her harrasment?

 

Thanks,

Ramesh



Learning

 16 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 March 2012

Dear Querist,

If you desire her not to marry - you can file a suit for permanent injunction (stay) whereby the court would refrain her from marrying again. In any case if she gets married she'd be liable for bigamy.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 March 2012

Dear Mr.Ramesh,

Unless and until the case is disposed off,you or she cannot marry again.If she is trying to do so,it amounts to bigamy and you can immediately get an injunction and costs too. It is vice versa.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

If she marries again, it would be bigamy.

 

There is no need to file for divorce.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Dr J C Vashista (Advocate)     21 March 2012

Just wait for remarriage, do not give any inkling that you are aware of the marriage and create/collect evidence which you shall be able to prove in bigamy case since no Hindu can marry during the subsistance of marriage.

Wait and Watch

SAINATH DEVALLA (LEGAL CONSULTANT)     22 March 2012

Dear Mr. Ramesh,

If you want to have disposal of your case,let her commit mistakes.Wait till then,gather all the evidences andpresent them in court.It is a pity that marriages are performed in such a religious atmosphere,for breaking it,we have to investigate the ways and means for our advantage.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

However, even if she remarries, she would keep it secret.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

ramesh (na)     29 March 2012

Hi All,

I would like to thank all the experts for giving the suggestions. It is sure that she is going to get re married. I am thinking to wait and watch and will try to get some evidence.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 March 2012

Dear Ramesh,

Don't wait and watch.You will be loosing valuable time.Immediately make arrangements to gather authentic evidence,preserve it safely,to be submitted in the court.If what you are saying in absolutely true,then your wife should be taught a lesson,so that the new man would be safe.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 March 2012

You have already seen the travels of legal system , this is opportunity for you to come out of the cancer.

You should be happy since automatically all the cases will loose energy.

 

 

bhagwan (owner)     29 March 2012

RESPECTED SIR, IF HMA ONLY COURT DIVORECE IS VALID THAN HOW SOME ADVOCATES ARE MAKING DIVORECE ON STAMP PAPER AND REGISTERING IN SUB REGISTAR OFFICE., SO IF ANY PERSON GIVEN DIVORECE THRU STAMP PAPER SO THAT NOT DIVORECE, SO WHETHER THEY CAN REAMRRY, AND WHAT IS THE POSITION OF THAT WIFE IS SHE IS ALSO REMARRYWITH SOME., WILL SHE WILL GET SOME RIGHT FROM HER SECOND HUSBAND OR SHE IS STILL HAVING RIGHTS ON FIRST HUSBAND.

THIS MATTER IS VERY VERY RISKY THOSE ARE GIVING DIVORECE ON STAMP PAPERS AND AGAIN GOING FOR REMARRIAGE. PLS ADIVSE. THANKS

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

Those advocates are making money by fooling you because of your ignorance.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

ramesh (na)     29 March 2012

Hi,

The above 3 posts are there with the different context than my requsted post.

Continuing the post.. Re Second marriage without divorce from first

Just came to know that wife has filed the divorce case now. From the different ones I am getting different suggestions as;

1. Keep quiet and let her re marry and Give her divorce. This is the good chance to get the divorce from her. In case we do some case/etc for her remarriage then she might take her divorce case back. Also it might be difficult to proof her remarry as she would be doing that with very precaution. So get divorce and start life.

2.Other says, Lets fight with her as she has harrased too much by different cases. if I am  getting a chance to take revenge than I should utilize the same.

What I think is, I should try my best to gather the evidence of her remarriage, If I get some important ones than I should definately fight otherwise keep quiet.

Need the experts suggestions on this..

One more thing, If we know the marriage place and date than how police can help to catch on the spot. Though we dont the plaece but we know date curretnly.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

If she is in a hurry to get remarried, deny divorce, cases would settle faster.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

bhagwan (owner)     30 March 2012

Respected Shri Shonee Kapoor, Thanks very much for guide.

So according your msg that stamp paper divorece/ noteraised in registar office are totally wrong, means that marriage is still continue in the eyes of law and second marriage is the case of  bigamy and if wife has got first divorece on stamp paper  so her second marriage is having no any values in the eyes of law.,

Sir, send u all my history and with this your message i think i am safe in your hands., becuase in my case i married girl who was having divorece in sub registarr not thru court but it is also surprising that she left in june 2004 and she taken her daughter admission with name name of father, and on mother colum she had shown her name means she married with new man or that person adopted her daughter but how she shown her name as mother of  the girl. , and we made divorece deed in year 2006..so means she is married or given her dauther to new man but in year 2005she demanded maintaince for her self and also for her daughter, in year 2004 she started beauty parlour business surprised..is it not contempt of court.

It is true now a days that due to some advocates are doing such type of things, and client is always in tension.I am not in a position that why client is paying huge amount to advocate, that advocate should go according law and in future alxo client sohould not face problem.

 

ONCE again thanks for help and now ican sleep well.

Thanks


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