• Regarding second marriage by wife living abroad without divorce

I was married in Feb 2015 according to Hindu religion and got it registered in Chennai subregistrar office in March 2015. We lived together till November 2015 after which my wife left abroad for higher studies telling me that she would come back in 2 years (i.e., Nov 2017) but after living there for around 16 months, she is asking for a divorce from me. This amounts to cheating but I am not willing to file any case as she can file false cases against me and harass me.
My question is, if she remarries again abroad without giving divorce in India, what legal actions can i take against her? Or if she is into a live in relationship abroad without my knowledge and if i come to know about it, can this be treated as adultery (but no enough evidence of sexual activity between her and her partner)?
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1)file for divorce by mutual consent in India

2) your wife personal presence is not necessary

3) petition can be sent abroad for her signature

4) it should be attested before Indian consulate

5) her virtual presence through video conferencing would suffice

6)if wife remarries without obtaining divorce file case of bigamy against her under section 494 of IPC

7)if wife enters into live in relationship abroad it amounts to adultery and you cna file case against her lover under section 497 of IPC

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Remarriage without divorce entails criminal prosecution u/s 494 IPC but for this remarriage must be proved.

2. If you do not want divorce then file suit for restitution of conjugal rights in India.

3.For Live in relationship no case lies except case for divorce.

4. If you have proof of their sexual relationship then only you can file case of adultery u/s 497 IPC agaisnt her partner in India.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. This is not cheating in legal parlance. It is 'falling out of love'.

2. She cannot remarry without obtaining a decree of divorce from the competent court in India or where she is residing now. If she remarries without divorce then you may file a criminal case for bigamy against her.

3. Adultery is punishable under the Indian law but it is not an offence in Europe and America. So while you can launch the criminal prosecution of her paramour in India, but he cannot be brought to India if adultery is not an offence in the country where it is committed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

without any documentary evidence your case will be very weak.

if you got any documentary evidence of her second marriage then you can file a criminal case against her before the criminal court for the Offence of Bigamy U/s 494 of IPC.

if you got any documentary evidence regarding her sexual relationship with another person then you can file a criminal case against that person U/s 497 of IPC but that person should be India, then only the case will be registered otherwise not.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

My question is, if she remarries again abroad without giving divorce in India, what legal actions can i take against her?

You can file a bigamy case against her and her newly married spouse, to which if found guilty, they will punished and pushed into jail.

Or if she is into a live in relationship abroad without my knowledge and if i come to know about it, can this be treated as adultery (but no enough evidence of sexual activity between her and her partner)?

Without evidence of adultery, you cannot term it as adultery and hence there is no offence of adultery.

Gather evidence and lodge a complaint with the concerned police about it.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) you can take out of court financial settlement from wife if she is agreeable

2) if your wife consults a lawyer he would advice your wife to incorporate terms of settlement in the divorce petition

3) if your wife is unable to maintain herself she can make an application in court seeking maintenance from you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If I go for mutual consent divorce, is it possible to take an out of court financial settlement from my wife (as she is the one who is more interested in getting divorce)? I had spent huge amount of money for my marriage expenses (as wedding expenses were shared between me and my father in law).

It may not be possible to get or extract any money from her in the name of settlement.

You can feel lucky if she is not making any such demand from you in reverse to get relieved from this marital bonding.

However during negotiations, you may place a demand which may be accepted or not depending on the prevailing situation at that time.

Because I am not sure even after mutual consent, if they can file some case against me and get some financial compensation from me.

If the intend to file any criminal cases after the mutual consent divorce, they will be doing so at heir own risk and on some ill advise.

Their such cases may not be maintainable or sustain in law.

You can challenge them at that time if there is any.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Dear Querist

Before filing the mutual consent divorce a out of court settlement or compromise deed should be executed in which all the terms and conditions should be clearly mentioned i.e. the past, present and future maintenance and alimony, child custody if any, stridhan, dowry articles, withdrawal of pending cases, quashing if any criminal case/FIR registered against husband and his relatives, non prosecution clause for future safety etc.

After that she can not claim any thing from you and neither she can file any case against you or your family.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. You can surely take alimony from your wife in MCD proceedings.

2. If she files any case after MCD is granted it wont have any vigour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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