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Ravi Kumar (Manager)     04 April 2011

What is the simple way for remarry

My wife filed 125 crps with me and some one judge ordered Rs.15000.00 per month as mantenace without any cross quations or evidance of my income while my total income is Rs.24000.00 Pm out of which i have Rs.10000.00 labilities to pay my Loan EMI, SIP, LIC etc my advocate advice me to apeal in high court but i dont want apeal bcoz i have fedup with court process. I have also filed divorce case right now i am 42 years old. I discussed with my wife and she agreed for this that she will not give me divorce and i can remarry with any woman if i named her my half property for this i am ready to named my half house in her name . Now i want to know if i do such as and she give me permission for remarry out of court is it valid ? i want a peacful life my 18 years marriage life was too bad like a hell with her so i want seperation now from her . please advice me what should i do now ? we dont have kids and i am doing my own business.



Learning

 10 Replies

cyberlawyer (barrister)     04 April 2011

Mr.Ravi Kumar, Unless and otherwise you get a a decree of divorce before a family court, you cannot remarry as that would amount to bigamy under Sec.11 of the HINDU MARRIAGE ACT. Even if second marriage is performed with the consent of first spouse, it is an offence. In case of a divorce dissolving a valid marriage, the parties obtaining such dissolution can remarry.

Bigamy is a non-cognizable offence.  The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.

So it is immaterial whether you get permission from your wife or not.

You have stated that you have no children for 18 years. If this is due to your wife's inability you can easily get divorce on that ground.

RK YADAV advocate,09899944433 (advocate)     04 April 2011

There is no chance.

Ravi Kumar (Manager)     05 April 2011

Thanking you respected Mr. Javid and Mr. Yadav for reply i know very well that it can be count an offence of bigamay but sir situation is out of my hand my wife is very cruel lady she has no mind due to illitracy nevr pay attention towards social value respect  if she do this this situation never comes in my life kids are not issue for my so many person living life as mine but quation is it that she nevre did respect to my feeling and my image every time try to spoile my life what ever she can do . I have try to convice to her for mutual consent for divorce and agree to do everything for her living and maintain her life, But she is not ready for mutual consent or divorce she doing all with some one misguaidance . My Age does not allow to  wait for divorce from court . I have totaly depressed in this situation neither i am paying attention on my work nor in my personal life . Her motive just ruined my life . I dont have medical disability proof of  her inability because my all dacuments in her custady i dont know where she kept them i am totaly helpless now .some time i think i should finish my life . and donate my all property to any NGO or any organization. Because its my self earned property there are no any type contribution of my parents . Hope you will understand my real problem .

Tajobsindia (Senior Partner )     05 April 2011

@ Author

1. Stop grumping around and be a matured MAN. 42 yrs. is sunshine years where you can rebound in life now that a shelter is over your head.


2. Suggest to file Divorce under cruelties and take it to fast track court offering what all you wrote as compensation cost to the lady to get over with 2 decades old innings of a so called family life that you lead.


3. Go in for live –in if that is the only place you feel you can get peace of mind. But donot marry this second flame in your life till decree in divorce in hand. Leave the Court cases to happen on its own course after offering voluntarily what you wrote in your brief and let your ld. Advocate handle it on daily notes exchange basis.


4. Life moves on and it is not possible humanely that you can control each minutes of it. Suicidal thoughts etc. and all are like coming to LCI are like wasting a precious life. Your suicide will create more problems in society than peace mind it. You will give extra employment to various authorities including your erstwhile wife once you are gone and I suppose no healthy mind should ever think of suicide.


Cheer up and face life like a matured man or once for all renounce the materialistic world and settle down in ashram in Rishikesh which is better way out to lead in a harmonious society. if you want link of such ashram just whistle I will help you out in such ventures and I will ensure you never come back to materialistic life - do you want that to happen to you think about it :-) 


Finally don’t bother to write back complaining of more and or I don’t wish to know what you are going through like ladies do in everyday life because society expects a 42 years grown up man to act and behave like a mature person and not run away seeing some thorns on the treaded path. 42 years is nothing to complain on such issues when options society has already given. It is the attachment that is chewing your bandwiddth hence you are here.


We all are facing something or the other in daily life at 40+ years of age so we all should opt for suicide that means and or donate our hard earned assets to charity then what will happen to me, you he / she just think that too! All answers are within you and life is beautiful with daily dose of lime and soda thrown into it and we are expected to taste this ultimate taste as God has destined each one of us for and there is no short cut to it.


Suggestions:

1.1 If due to temperamental differences between you two living under one roof if it is not possible to live then be reasonable seeing your age and lady’s age and since you have no issues to dispense with 15 K as you say in your brief then let it continue. It is her case let her prove cruelties U/s 125 CrPC. You just watch the case from ring side.


1.2 If property is another bone of contention between you two and you at some point of discussion offered half of it to her and she refused and or she asked and you are ready for it but she not ready to be stigmatized under label of divorcee then remove this thorn between you two. Suggest to sell the property at prevailing market rate and invest into SIP and or FD. The interest it fetches you will still be well off living rest of time in a rented place of your choice plus it is obvious you will still continue to earn.


1.3
File for divorce on cruelties ground and kindle the case from background and your presence is required only at evidence stage. Meanwhile you may go in for live in but donot marry this second flame of life till decree in divorce proceedings conceded.



1.4 Keep yourself creatively busy in life. Contribute your mind, body and soul to charitable works, go to Dharavi slums and enjoy happiness working with several of the NGO’s there, if sportsperson then teach neighborhood children sports, organise functions / talk shows if living in co-operative society, go for meditation / yoga etc. the list is limitless you see. It is all mind games you are allowing playing with your own mind so stop these thoughts and awake yourself and all these are doable.   


All the best and get out of here now come back once suicide thinking is got over with..................... and there is no simple way to get out of a abusive relationship of almost 2 decades other than "renouncing" the same marital world...........

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 April 2011

Divorce is  the dissolutionn of the marital tie. It puts an end to the relationship   of husband and wife. It can be done only by means of a decree of court.

hema (law officer)     05 April 2011

beautiful reply by tajobsindia.  Except para below 4th para, where he suggested of spiritual pursuit by going to Rishikesh.  At the age of 42 you should do social service and follow his suggestion at 1.4.

warm regards.

Arup (UNEMPLOYED)     05 April 2011

" Now i want to know if i do such as and she give me permission for remarry out of court is it valid ?"

 

---   no not valid.

 

she give me permission for remarry out of court

 

---   she has no such power, but you jointly can pray for mcd - that is valid.

Arup (UNEMPLOYED)     05 April 2011

sorry the above answer not for this thread.

Krishna Kumar (Business)     06 April 2011

Sir,

I need to clarify one more related to this query. (Sorry Ravi Kuamr distrubing your thread)

My FIL has two wives, and my wife is a second wife child. There is no Divorce happend from that first wife (both the wife are living in same house, no issues with them).

But my wife left me after 3 months of my marriage, and not returning to my home. My another thread is here.

We came to know after all our reconcilations failed, they are good understanding of what is family. She is not ready to join my life and not ready to give divorce.

I wish to know can I take any advantage taking divorce from her as she is the child of second wife (not legal wife).

Many Thanks. Kelvin

Avnish Kaur (Consultant)     06 April 2011

NO.

go for live in and let divorce on basis of cruelty go at its own pace.


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