Advocate Anuja S

Questions Answered by Advocate Anuja S

Q: To get a Divorce with mutual consent

My family broke in 2014, since then I did not meet or speak with my husband and daughter. I came to know that, recently my daughter got married. My marriage is not registered. I want to move on, and hence thinking to get divorce. My question is, should I get legally divorced, to move on with second marriage

Advocate Anuja S answered
Hello, Yes. You should be legally divorced to have a second marriage. Section 5(i) of the Hindu Marriage Act prohibits polygamy and polyandry. It says that neither party should have a living spouse at the time of the marriage. Failure of this condition would make the marriage null and void under section 11 of the Act. Apart from this, the party would be liable for bigamy under sections 494 and 495 of the Indian Penal Code, 1860 and section 17 of the Hindu Marriage Act, 1955.As per this law, you have to be divorced for your second marriage.

Q: Application Rejected Order 23 Rule 1(3)

Sir/madam I have filed case in 2020 for injunction then I converted to suit for declaration and possession in2022 .evendince is not lead issue have not be framed on October 2022 I filed IA for withdrawal of suit with liberty to file fresh suit on same cause of action under order 23 rule 1(3) but court rejected my application now I want to withdraw the suit and file new suit on different cause of action can we file or my previous order or suit will affect my case

Advocate Anuja S answered
Hello, Yes. You can file a new case. But make sure the CAUSE OF ACTION FOR NEW CASE IS A FRESH ONE. Otherwise the new case will be hit by Res judicata. You can also seek to amend the present suit under Order VI Rule 17 and add the cause of action and other necessary requirements without changing the nature of the suit. But please provide the reasons for rejecting your application under Order XXIII Rule 1(3).