One of my Friends she was married in India, and she came to USA with her husband and got separated from him 4 months after marriage- She filed for Divorce 3 times and the husband has not signed the papers. More over in 2005 he remarries again which we have the proof, So the divorce was yet again sent to him , he has still not signed. What should be done if the person does not sign and if my friend has to move forward with her life.
Asked 8 months ago in Family Law from United States
1) file case of bigamy against husband under section 494 of IPC for having remarried during subsistence of earlier marriage
2) wife can fle for divorce against husband on grounds of mental cruelty
3) remarriage during subsistence of earlier marriage amounts to mental cruelty
if you have proof that the person has married another girl without dissolution of first marriage, then the person has committed bigamy which is a criminal offence.
Now that you have proof of second marriage by the husband, your friend can easily get the divorce decree u/s 13(1) (i) of hindu marriage act without waiting for the husband to sign the papers.
Also your friend can file a criminal complaint under section 494 of the IPC in either court or at the police station.
Hope this helps.
Her husband committed the offence of bigamy if he remarried without obtaining divorce from his wife. Your friend can launch his penal prosecution for the same. This apart, she may also file for divorce on the ground of cruelty.
In the facts and circumstances, my opinion is that a case of bigamy which is a penal offence be filed against the husband. This will coerce him in submitting his consent for divorce. Otherwise his act of remarrying while his first marriage is subsisting is strong ground for filing a divorce petition.
Advocate, New Delhi
File a contested divorce case before court if both of them are in usa then in usa court otherwise in indian court.
He can be prosecuted for the offence of bigamy under section494 of indian penal code.
Feel Free to call
Advocate, New Delhi
If both are residing at US and she has initiated the divorce process and he is not willing to sign the papers, she may proceed with contested divorce by sending notice through court.
He cannot refuse to receive court notice, suppose he does, then the court can dissolve their marriage by granting exparte divorce.
Consult an attorney in US on all such further issues.
1. Both of them married in India as per Hindu rites if not as per Hindu Marriage or special Marriage Act,
2. Let your friend collect evidence of her husband's second marriage without obtaining decree of divorce from his wife,
3. After that your friend should file a police complaint against him alleging bigamy which is a punishable offence,
4. Her husband will now be in trouble to save her from police arrest in India,
5. After that your friend should file a divorce suit o the ground of cruelty since bigamy is extreme form of cruelty,
6. She will get ex-parte decree of divorce if he fails to attend the hearing,
7. If he comes to India to contest the divorce suit, he will be arrested by police for committing bigamy which he will tray to avoid,
8. At this juncture he may agree for signing the mutual consent divorce petition to be filed in India which will be disposed of within 6 & 1/2 months from the date of its filing.