• Given legal notice for mutual concern

Hi 
I got married in 25/01/2015, after marriage she went her parents home for MBA semister exams after she didn't come after 10 months so many times we called her but they don't reply us 10 months we called her parents then they came and writtenly given a letter now on words I will with my husband, that letter 5/11/2015, then went after 1 week till now no response for long wait I have send legal notice on 23/02/2017.
Till now no response my query I will do marriage another person now.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) you cannot remarry during subsistence of earlier marriage

2) if you remarry wife will file case of bigamy against you under section 494 of IPC

3) if wife refuses to return to her matrimonial home file for divorce on grounds of mental cruelty

4) contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Do note that without taking divorce you can not remarry another person.

2. So sending of notice will not help.

3. if you want divorce then ask for her consent for mutual divorce.

3. If she does not agree then go for contested divorce which though will take some time.

5. However giving one final try to survive the marriage .

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Marriage with another person without obtaining divorce from 1st wife is not advisable. In fact it is crime under section 494 IPC. The Hindu Law not permitt 2nd marriage. Since you have already sent notice, you can file divorce OP before concerned family/district court.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Meet a lawyer. You will know every procedure.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

in your divorce petition you may enclose divorce notice sent by you to your wife

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You have to file divorce petition along with necessary documents viz., marriage invitation card, marriage photos, residence and id proof etc., along with necessary affidavits before family court under the Hindu Marriage Act through a lawyer.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

we called her parents then they came and writtenly given a letter now on words I will with my husband, that letter 5/11/2015, then went after 1 week till now no response for long wait I have send legal notice on 23/02/2017.

Till now no response my query I will do marriage another person now.

You cannot marry another woman during the subsistence of previous marriage and the spouse living.

It can be termed as bigamy an offence punishable under IPC.

You can apply for mutual consent divorce if she agrees otherwise file a contested divorce petition and quit the married life with her after which you can marry another girl.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

May I know how to file divorce notice in court

You can consult a local advocate, discuss in detail all the issues and engage his services for filing divorce case and proceedings thereon.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) you would be called upon to attend local police station to record your statement under section 41 A of cr pc

2) deny all allegations made by wife in her complaint

3) mention that wife deserted you for last 10 months and legal notice has been issued by you to your wife

4) in response to notice wife has filed police complaint against you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Sir today I got call from police station she complained on me, may I know now what the process.

You should first contact an advocate in the local and obtain AB.

After obtaining AB you may visit the police station for inquiry, util then you may keep dodging the police saying that you are out of station and shall visit at a later date.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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