My wife left my home with her parents and since then she did not communicate me. Before leaving she miscarriage my two month baby through medicine. Now I want to marriage please guide me
Posted on 26th Nov, 2018
Answered on 5th Dec, 2018
You can file divorce case in HMA on the ground of cruelty and desertion you can contact me on 9213389446 for further assistance
You need to be logged in to comment
Advocate Kishan Retired
Answered on 2nd Dec, 2018
Just issue a formal notice and then file a divorce case and get divorce in local family court and then marry for second time otherwise the following section attracts against you.
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
You need to be logged in to comment
Withdrawal of Divorce Petition After Transfer
I am residing in Bangalore and got married to a girl in Vellore on 21st April 2018. After marriage, she was completely influenced by her parents and siblings. She started mistreating and harassing my handicapped mom and asked her to leave the home. She was compelling my mom to stay with my younger brother who is staying in a bachelor apartment. After some unbearable behavior of her, I filled divorce petition at Bangalore family court in June 2019. She didn't attend the court hearings but got a stay for the proceedings at supreme Court and requested for transfer to Vellore (Tamil Nadu) from Bangalore. Transfer Petition hearing will happen on 12th December 2019. I don't want to contest the case in supreme court and let it transfer to Vellore. Once the case is transferred to Vellore, I have the below questions.
1. Can I withdraw the case in Vellore and refile it in Bangalore with new petition number?
2. Should I attend at least one hearing at Vellore court before I could withdraw?
3. Will I continue as a petitioner in the Vellore court since she has filled for transfer petition?
4. How many times can I withdraw and refile it in Bangalore?
5. Will there be any chance of dismissal of my divorce petition if I refile it in Bangalore again and again?
I don't want to have the court proceedings in Vellore because her father is a local politician and he can influence the case and threat to my life. I want to run the case in Bangalore.
I am looking forward to your advice.
Posted on 28th Sep, 2019
I have taken mutual divorce from my wife.I am paying Rs 12000 per month for maintenance for kids to my Ex wife.Now, i have left my house where my mother was residing.She sold her house in 45 lacs .She give a gift of rs 25 lacs to my sister & transferred Rs 20 lacs her sister for earning Interest @ 1% per month.I am now living separately from my mother.
I am working as an accountant in private firm where I got 20000 per month salary out of which I am paying Rs 12000 per month as Child Maintenance to my x wife.
Now My mother has filed a maintenance case against me.
How much money I have to pay to my mother as monthly maintenance if I looses the case/ Call me at 7009366587 for further details
Posted on 12th Sep, 2019
Can father get visiting rights without taking any responsibility of the child
Me and my husband are looking for a divorce as he is over alcoholic and chain smoker. He even use to physically abuse me and this had affected the little child mentally. He is saying that he will not pay any maintenance for the child but he needs the visiting rights. So is it possible for a father to get visiting rights without taking any responsibility of the child??