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Amol   22 September 2017

Wants to get remarried

I am maharashtrian girl. I was in love with my college friend for almost 6-7 years and wanted to get married. But my parents opposed due to he was from different cast, and his parents was ready. And my parents pressurized me to get married with another boy from family friends. So I also told that boy that I love someone else & don't wants to get married with you. But he used to likes me a lot and even he didn't stepped back. So under pressure I got married with boy, who's my family's choice with all hindu rituals. It's been almost 1.5 years, but I am not happy in life & I told this to my husband, but he don't care. I told him that I wants to get divorce. But he is not ready to give me divorce. And now my family also wants me to live with my husband forever. And a boy with whom I was in love, he is still wants to marry me and even I wants to get married with him. What are options do I have to get remarried with whom I wants. My husband don't torture me or he don't hurt me in any ways. So I can't file divorce on those reasons & I am not at all interested in any money from my husband. 1) So if I directly left my house and without divorce, goes to get married with whom I love, I know my second marriage will be illegal but if I am living with my future husband with my own dicision, does my husband can file any case against me or my future husband.? 2) And after I am living with a boy whom I love, if my husband will get ready to give me mutual divorce, then how much months approximately it will take?


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 12 Replies

Shamsuddin Khan (Director)     23 September 2017

Your parents is right their choice always better for you if you r not happy with the present marital life then don't take your own decisions rather ask again and again to your parents / other family member otherwise your life will go in worst place

Vijay Raj Mahajan (Advocate)     23 September 2017

Your husband can file criminal complaint against this man with whom you live during your existing first marriage under section 497 IPC for charges of adultery. He can also seek divorce on the ground of adultery by you thus breaking matrimonial home. Best is divorce by mutual consent after settlement of all issues like alimony, child custody and common property settlement by both parties. You can marry after obtaining decree of divorce by mutual consent without waiting long but if you get divorce from husband the period of 90 days has to be maintained before second marriage, that is the period of appeal against decree of divorce.

Amol   23 September 2017

@ Shamsuddin Khan Thank you Khan sir for your reply. But I asked about Legal actions or formality. Because I don't have knowledge about legality of Family Law. Other than that I have enough understanding & knowledge about what is good or better for my life. And I can make sure that my life will not go in to worst place.

Amol   23 September 2017

@ Vijay Raj Mahajan Thank you very much Mr. Mahajan Sir for your reply. Sir, As of now, I don't have any child with my husband. And also after our marriage till today, me and my husband never ever had any physical closeness, because of me & my husband have issues of our forcefull marriage. And sir, I am not interested in Alimony or any property. So Sir, if we filed for divorce by mutual consent, how much time approximately it will take to obtain decree of divorce. Because as you said after decree of divorce I have to wait for 3 months to get remarried. Thank you once again for your reply with al legality.

Amol   23 September 2017

@ Vijay Raj Mahajan Thank you very much Mr. Mahajan Sir for your reply. Sir, As of now, I don't have any child with my husband. And also after our marriage till today, me and my husband never ever had any physical closeness, because of me & my husband have issues of our forcefull marriage. And sir, I am not interested in Alimony or any property. So Sir, if we filed for divorce by mutual consent, how much time approximately it will take to obtain decree of divorce. Because as you said after decree of divorce I have to wait for 3 months to get remarried. Thank you once again for your reply with al legality.

P. Venu (Advocate)     23 September 2017

You can get get the marriage declared void, if no consumation so far.

Adv Radhika Mehta (Advocate)     25 September 2017

If you manage to convince your husband for Divorce by Mutual Consent, it will take minimum 6 months for the Divorce to come through.  The recent SC judgement on waiving of the cooling period will not be of much use to you as that requires minimum 1.5 years separation.  After that, you can get married asap.  Though i doubt it would be this easy for you to convince your husband, i would advise you not to take any hasty decision as your bf can be implicated in criminal cases.  

Amol   25 September 2017

@ Radhika Mehta Thank you so much Mehta madam for your reply. Madam, If I convinced my husband for mutual divorce & filed for divorce then I have to live separate from my husband and also not with my future husband, right? As my parents are not at all interested in my life after my marriage, so I have to live alone. So is it possible, that after filling for divorce if I live with my future husband? Because 6-7 months it's long time, it's difficult for me to live alone. And if my husband not ready for mutual divorce, then is there any provision for me to filling for divorce & I will get divorce.

Adv Radhika Mehta (Advocate)     26 September 2017

Yes you have to live seperate not only during that period but also one year before that. However, that is something which can be managed. I would advise you to live alone during that period.  See, while i understand the fact that you are caught in a loveless marriage, why torture or torment your husband in this manner, more so as you yourself have mentioned that he never hurt you or tortured you.  Not to preach but it is advisable to maintain the sanctity of marriage while you are married.  Your acts may also unnecessarily irk your husband and he may back out of MCD. Then what will you do? 

You can file for Divorce but the chances of success in your case cannot be commented upon as if your husband is able to prove your adultery and the fact that you are trying to take advantage of your own wrong doing, your divorce matter can be dismissed. So calm down and take a sensible decision.   

1 Like

Amol   08 October 2017

Thank you Mehta madam. I will do as you said. And yes, my husband never tortured me. But madam, before marriage he used to know that I was in relationship from 4-5 years & also I told him that, you knows I love someone else, I wants to get married with someone whom I love not you, and my parents are forcing me to get married with you, so atleast you get back off from this proposal. But still got married with me. And after marriage he told me, he thought that after marriage I will not have any other option other than forgeting my love & spending whole life with him. And I think this is biggest torture or pain he gave me. He never cared for what I like, love or wants in my life.

Amol   08 October 2017

Thank you Singh sir for your reply. And by my good luck, my BF is ready to get married with me at any cost & at any time.

Anamika   08 October 2017

शर्म आनी चाहिए आपको.आप कहतीं हैं आपकी ज़बरदस्ती शादी कर दी गयी. और आपसे मोहब्बत करने वाला आज भी आपसे शादी करने  तैयार है.आज इतनी हिम्मत आ गयी आपमें और आपके प्रेमी में  के तलाक़ लेकर शादी  करने को तैयार हैं आप दोनों. तब कहाँ गयी थी आप दोनों की हिम्मत जब आपकी  शादी  हो रही थी? यदि इतना ही प्रेम था और आज इतनी ही हिम्मत है तो घर से भाग कर शादी क्यों नहीं कर ली आप दोनों  ने? यदि इतना ही प्रेम और हिम्मत आपमें है तो क्यों नहीं अड़ गयीं थीं अपने माँ बाप के सामने? यदि  इतना ही प्रेम और हिम्मत आपके प्रेमी में है तो  क्यों नहीं सामना किआ आपके माँ बाप का? क्यों अब किसी की पत्नी को फुसला रहा  है? लानत है आप पर और आपके प्रेमी पर. और आप याद रखियेगा, किसी की चिता पे अपनी डोली सजा कर आप कभी खुश न  हो पाएंगी, चाह कर भी नहीं. भगवान आपको सद्बुद्धि दे. मैं यहाँ कुछ और मदद ढूंढ़ने आई थी मगर  शब्द पढ़ कर ये लिखने पे मजबूर हो गयी. घृणा होती है आपके शब्द पढ़ कर और तकलीफ होती  है के आप जैसी कुछ खुदगर्ज़ और मतलबी लड़किआं हम पूरी नारी जाती को एक बुरा नाम देतीं हैं जबकि हम सब ऐसे नहीं. अफ़सोस.   


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