• Remarriage without getting divorce

Sir, my marriage is an arranged marriage. I married a girl, she is an advocate. My marriage held on aug.2016.After marriage,she lived only 2 days. She filed divorce petition. On mean time she married with another man (who is also advocate) and now she is 8 month pregnant. She cheated me and my family.she didn't present every hearing due to fear of pregnancy if she appeared in court. In mean while I filed petition under Hindu marriage act 13 (1)(ia) as suggested my advocate.
My advocate doesn't show intrest to punish. He also advised me to not to think punish through law....He said God will give punishment. 
But my mind , worrying about my life. The cheated girl marrying some one and lives happily. She knew loop holes.
After getting divorce order, in what way i punish the advocate; may i file a petition against her through bar association. I have photo evidence of her and husband.May i publish a public notice regarding divorce judgement copy through newspaper? 
Sorry advocates, in my life i was cheated by an advocate.so only i ask remedy? This question is my second opinion..
Asked 8 years ago in Family Law
Religion: Hindu

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12 Answers

You can file a complaint to BCI only when there is some professional mis conduct.

Though you may surely go ahead and file a complaint against her for fraud and cheating.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) file complaint against your wife for bigamy under section 494 of IPC

2) second marriage during subsistence of earlier marriage is illegal

3) also file case of adultery against her second husband under section 497 of IPC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

That you may do individually, contact a media house and they will help you in the same.

Thanks and Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi,

Is the divorce granted or still pending?

this is main question here as u didn't mention present status..

If divorce is granted then its better you move on in your life.

If divorce petition is still pending file a criminal complaint against her under section 494IPC , she may get the lesson by it.

Leave the news paper matter.

If still not divorced then file 494 IPC

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Respected sir ...what is the need for publish it in a newspaper ...once the court order in your favour you can easily get remarriage and you next marriage after your marraige will be considered as valid marriage ...if you want to punish her file a criminal case of adultry as she is leaving with another guy as being your wife you can also file a case of criminal breach of trust...you have number of option left ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Second marriage contracted by your wife, without giving a divorce to your, is void ab initio.

You may lodge a a FIR against her under sections 420 and others.

Since this is not a professional misconduct, there's no point of raising this issue before the Bar Council.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Get in touch with a local Media House to publish a public notice of your divorce. You'll have to share with them a certified copy of your divorce decree.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Unless the divorce decree is passed either man/women can not marry second term ( as per HMA ) .

Bar council do not interfere into personal life of an advocate.

If you have evidence that she married with someone else then file cheating complaint against her with near by police station and the get the FIR.

You did not mention the status of the petition filed under Sec. 13(1) of HMA .

You can discuss with me for more information.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi

What is the status of divorce petition filed by your wife and that filed by you.

Assuming that, the statements made by are true, then her second marriage is void. You may consider initiating criminal proceedings against both of them.

You may consider to change your Advocate, if you are not comfortable working with him.

Do not live in wonder land, be practical and realistic. If the statements made by you have supporting evidence, you go and initiate appropriate criminal proceedings against both of them. Court will punish them according to relevant provisions of Law, for which you need to make a representation to appropriate authority(s).

You need not wait till you get divorce, you can initiate proceedings against both of them for all the nasty acts done by them. Be prepared to face resistance from both of them.

You are at liberty to do the said act, provided it is genuine and will not disturb the fundamental rights of others. The procedure to publish in News Papers, you can to get it done through your Advocate.

Good Luck !

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Sir if you have evidence that she is married and she is pregnant than kindly hire another advocate and adduce it in your divorce case before the court and I hope you will get justice. Since she is married then you are bound by law to get divorce and she is not entitle for any maintenance. Pls adduce the evidence in court.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

Any offence committed by any person has to be dealt with as per provisions of la.

Even without getting the previous marriage dissolved, she cannot marry another person, such a thing is called an offence under bigamy.

She and her new spouse can be punished by law for this act as per provisions of section 494 of IPC.

Since your divorce proceedings is still pending and also as you possess substantial evidence abort her marriage with another person during subsistence of this marriage, you can lodge a complaint against her and her soused for the offences of bigamy and get them punished.

You can change the lawyer if this one is not cooperating or can file a complaint before court as a party in person also.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

After divorce court order, may i publish a public notice in newspaper? What is procedure to publish through newspaper?

This will be a blunder mistake to wait for the court to grant divorce to yo and then you will take an action against her.

You have to fling into action immediately by filing a complaint for the offences of bigamy.

You ma not be able to take proper action once you get divorce order.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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