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My wife went away from me 11 years ago

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
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Family
Posted on 26-Nov-18
Advocate Pranesh
Answered on 05-Dec-18
You can file divorce case in HMA on the ground of cruelty and desertion you can contact me on 9213389446 for further assistance
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Advocate Kishan Retired
Answered on 02-Dec-18
Dear Sir, 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.
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Related questions

Can girl marry another person with that white paper statement ?

Boy and girl loved each other for 5 years and done marriage in a temple against parents wish and gave complaint in police station. After that, girls parents wrote letter in police station and cheated and take away girl to home and brainwashed her and now girl is saying that I don't want relationship. One day both families meet and wrote a letter on white paper that girl don't like relationship now and in future there should not be any trouble. Boy has been threatened by girls uncle to come and sign as he has local MP support. Boy has cleared government job exams and waiting for police verification, so he afraid and signed as they threatened to file cases against him. But he filed RCR petition in family court, now by friends he came to know that next month marriage is fixed to that girl . Is that white paper statement valid in court to do second marriage by girl ? Can he file cheating case on girls family ?
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Family
Posted on 06-Apr-20

Sir can i lodge complaint

Respected sir, im Mohammad Javed unmarried, im in living relationship with already hindu married women for 8 years im taking care of her and her kids boy and girl from boy age 3 and girl 2 years old, now they both kids age was boy 12 and girl 10, Sir i convert they names Hindus to Muslim because i need to admission in school so I gave a muslim name Harsha as Mohammad sami varshini as Sony begum her ex husband married 6 years before with another woman they have two kids with her second wife without divorce first wife.. sir now they family members sisters and brothers coming to my home and asking his kids.. sir if i go to court will we get kids... please give me solution sir im helpless..
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Family
Posted on 03-Mar-20

Use of criminal force by false complaint

I got married to my wife on 30/11/2012. I am from Mumbai and my wife is from Delhi. After marriage we started residing at the matrimony home in Mumbai and there after we got separated on 30th December 2015 due to matrimony dispute and my wife went to her parental home in Delhi. As expected after reaching Delhi my wife registered an FIR against me and my parents as P.S-Rani Bagh, North West Delhi having wide D.D No 225 year 2016, u/s 498a,406,377,354,34 IPC. in which charge sheet has been filed in the year 2019 in the Hon’ble court of Rohini, Delhi. However summons has still not been issued to us till date. The N.D.O.H in this regards is Feb 2020. Further on 01.10.2018 my wife again cooked up a false and a frivolous complaint against me with wide D.D entry No:- 24/B, dated:-1/10/2018 in which my wife has specifically mentioned “ That on 26.05.2015 I have operated the joint locker in the name of me and my wife at kotak Mahindra Bank Mumbai, Maharashtra with an unidentified women by forging the signatures of my wife and thereafter I have stolen all the gold and diamond jewelry of my wife. It is pertinent to mention that this complaint was not a part of the F.I.R and was an after thought and was later on clubbed with the FIR by the I.O, but this complaint has a separate entry at the concerned P.S as mentioned above. Following above mentioned allegation the I.O of P.S Rani Bagh served me an arrest notice with regards to the above mentioned FIR and also clubbed the Forgery complaint along with it. There after my anticipatory bail application was dismissed by the Hon’ble Session and High Court of Delhi. Further one of the reasons for dismissal of my bail applications given in the bail order sheet by the Hon’ble Session and High Court of Delhi was that the Concerned I.O needed my signatures in order to send it to the FSL Authority, Rohini to verify the allegations of forgery leveled against me by my wife with regards to opening of the Joint Locker at Kotak Mahindra Bank in mumbai by forging the signatures of my wife along with other heinous allegation mentioned in the FIR. Hence because of all this I had to spend 15 days in judicial custody and finally was granted regular bail by the Hon’ble Court of Delhi on 30th jan 2019 as the charge sheet was filed however the report from the FSL authority my with regards to verification of sample signatures of me and my wife with regards to the allegations of forgery leveled against me by my wife was pending. In this regards the concerned Kotak Mahindra Bank, Mumbai also conducted an internal inquiry and thereby issued an enquiry letter clearly stating that “The signatures have not been forged and the locker was operated by me as well as my wife after proper sign verification and following the due process of the Bank”. Further the FSL Authority has recently on December 2019 also sent its report in this regards in which it is again established that the signatures have not been forged and it belonged to my wife . Now since the FSL report has come in my favor and also the bank internal enquiry is also in my favor with regards to allegation of forgery and also since the complaint with regards to forgery was made separately in the year 2018 and the FIR was registered in the year 2016 as mentioned above, I have two questions specifically related to the allegation of forgery to ask:- A) can I initiate a proceeding under IPC 211 and 500 in Mumbai since the cause of action with regards to allegation of forgery happened in mumbai and I also live in Mumbai. If yes, then what would be the basic procedure to proceed Legally with regards to IPC 211 and 500.Should I file a police complaint at my local P.S in Mumbai and then approach the court under 156(3) if police do not take any action. B) can I initiate a proceeding under IPC 182 at the P.S Delhi where false complaint of forgery has been made against me by my wife. If yes how do I initiate a proceeding under section 182 IPC, what is the basic procedure???. c) I do not wish to club IPC 211 along with 500 with IPC 182 together. I want to file IPC 211 and 500 in Mumbai and IPC 182 in delhi. IS it possible ???
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Family
Posted on 23-Jan-20
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