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Prakash   08 July 2015

Wife has become rigid and not giving divorce

Hi All

I separated from my wife since 1.5 year and had one baby girl.

I filed a divorce case on her on Sept 2014, still now she has not attending the court for hearing simply she is trying to drag the case.

Since I separated from 1.5 year and also there is no approach from her side also and not maintained single phone or mail communication between us. This clearly shows she is not interested and also she is not releave me.

Can anyone suggest me how I can go for second marriage. Do I need to wait until I get divorced if so it will go 3-4 yrs as she is not attending court regularly. Or else kindly let me know is there any option in law to approach for second marriage legally.

 



Learning

 11 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 July 2015

You can make live-in relationship with any unmarried woman. This is not crime.

 

Please note that live-in relationship is legal if and only if the girl with whom your doing it is unmarried.

 

Avoid any divorced / married girl and look for any good unmarried girl.

Please remember divorced girl might have 498A background.

 

Please don't make any evidence of second marriage like -

a) Second marriage certificate.

b) Any evidence that proves that the second marriage has been done by the Hindu religious rites (e.g. invitation cards, marriage photo, any eye-withness etc.)

 

After that, keeping your girl friend in your motor bike, drive in front of her  :-)

She will understand what she have lost  ;-) Cheers!

 

If child born in this relationship then also no problem. Enjoy your new life.

 

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 July 2015

Sir,

 

If she is not attending, push the Judge for ex-parte orders and make sure you get the divorcee decree ex-parte.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Law_Learner (Asst. Mgr.)     08 July 2015

Hi Rocky,

Please can you enlighten me on your point that livi-in relationship is legal when divorce is yet to start / case filed for divorce under either contested or mutual one, Can't the girl file adultory case on against husband in that case?

Thanks in advance,

LL

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     08 July 2015

if she is not attending court make prayer before court to fixed date for experty 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 July 2015

Yes,

 

Live-in-relationship is legal only with aforesaid conditions irrespectively your marital status.

No girl can file adultery (U/S 497 IPC). However, said adultery is only a ground of divorce (if proved, which is good for you wink) nothing else.

stanley (Freedom)     09 July 2015

Originally posted by : Rocky Smith
You can make live-in relationship with any unmarried woman. 

After that, keeping your girl friend in your motor bike, drive in front of her  :-)

She will understand what she have lost  ;-) Cheers!

 
ROTFL .. or ...Alternatively you make your girl friend to sit on your lap when your bike is placed on main stand  while ex wife is passing smiley.
 

 press for ex- parte order if wife is not attending the hearing  

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 July 2015

Thanks Stanley for your comments.

I know that some of my friends might have different view on this, however I feel it is the best relationship.

Since,

  1. It is legal.
  2. Almost zero dispute between couples.
  3. No dowry giving/taking.
  4. No indulgence of parents from either side
  5. Best punishment of ex-wife.  
  6. No harassment from matrimonial lawyers.
  7. This approach can stop money extortion racket.

I also know that he should file ex parte petition, however the girl will file stay petition immediately and then maintenance pendent lit. Actually, two nasty brains (lawyers of either parties) are working behind it.

And the cycle roles on and on and on and . . . . . .

stanley (Freedom)     10 July 2015

yes i agree with your point of view !!

 

The end result in filing cases is the lawyers  makes money  !!

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 July 2015

Thanks Stanley,

 

Here is the link bellow where I have argued in this point with some of my great learned friends. Please have a look.  smiley

 

https://www.lawyersclubindia.com/forum/Shall-i-marry-2nd-marriage-without-taking-divorse-104930.asp#.VZ92Uhuqqko

stanley (Freedom)     11 July 2015

i have gone throgh the same and seen the comments . I have heard that Mr Shonne settled his case of 498 A and sought divorce and is now remarried cheeky

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 July 2015

Oh! Then he is passing wrong messages to us?

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