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Soumitra Dasgupta (Lecturer)     06 August 2012

Wife deserts for 4 yrs,re-marriage possible without divorce?

 

My friend got married (arranged) on Dec’2008. But his wife started harassing him for more and more money. Finally, she deserted him after 4 months after my friend refused her money and filed a false PWDV case against him. He is fighting this PWDV case in High Court to get it quashed. Meanwhile, my friend has also filed a divorce case in June/2010 in Alipore Court, W.B. but the court has been winded up  and on enquiry it is learnt that all the case files will be sent to different courts for hearing and till date no hearing schedule has been fixed. The files are moving to different courts in a very slow manner. Two years have elapsed without any result.

1. Under this situation, kindly suggest what action should be taken at his end to speed up the case for divorce, when the court is winded up?

2. Whether my friend can marry now or wait till its disposal?  



 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 August 2012

Your friend cannot marry unless he is divorced, otherwise he'd render himself liable for one more criminal case of bigamy, besides having marriage (subsequent) voided, to expediate his divorce proceedings he can try moving an application u/s 21B r/w 151 of the CPC for speedy trial. 

prasant pattnaik (Lawyer)     06 August 2012

Usually courts are slow to dissolve the marriages and to pass the decree for divorce, in this query it is not clear what is the position of the Divorce case, and where there is the petition for interim maintenance u/s 24 of the Hindu Marriage Act, or for the permanent allemony, there is no clear cut information about the children, many things to be adjudicated, and the quriest and his friend must wait, as mentioned  by Mr Bharat Babu.

rajiv_lodha (zz)     06 August 2012

Also remember, 21B applications seldom bear fruit!


(Guest)
Originally posted by : Soumitra Dasgupta
 
 

My friend got married (arranged) on Dec’2008. But his wife started harassing him for more and more money. Finally, she deserted him after 4 months after my friend refused her money and filed a false PWDV case against him. He is fighting this PWDV case in High Court to get it quashed. Meanwhile, my friend has also filed a divorce case in June/2010 in Alipore Court, W.B. but the court has been winded up  and on enquiry it is learnt that all the case files will be sent to different courts for hearing and till date no hearing schedule has been fixed. The files are moving to different courts in a very slow manner. Two years have elapsed without any result.

1. Under this situation, kindly suggest what action should be taken at his end to speed up the case for divorce, when the court is winded up?

2. Whether my friend can marry now or wait till its disposal?  
 

 My view:

1. Ask your friend go for 2nd marriage after telling 2nd one of your cases.

2. If your friend wait for divorce he will lose his whole youthness.

3. By 2nd marriage your friend will fight the case with full courage to take divorce any  way if divorce not granted no one can force him to bring her back.


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