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I am 33 year old male. I got married in January 2008. We got separated after 6 months of marriage du
01-May-2023 (In Divorce Law)
I am 33 year old male. I got married in January 2008. We got separated after 6 months of marriage due to incompatibility. We went through marriage counselling to fix problems, but it never worked. I filed for divorce in September 2009 under the grounds of cruelty, because the girl did not want to sign mutual consent. The case at the family court finally concluded in October 2012, which went to the girl's favour. I appealed at the high court by February 2013. The appeal at high court never progressed, still waiting for a response. At the same time, the girl and her family started harassing me and my family. They filed a case under section 7 (i) (c) against me and family, saying I took 2 kilos of gold and some money as dowry. They also attached my ancestral home with this petition. Since you know my marriage ended in 2008 (we have no kids with this marriage), i moved on with my life and i feel in love with a girl. I live abroad now. My wife's family got to know about my lover and now they filed a criminal case against me and my lover and our families under section 494 r/w 34, saying that I married another girl while i am legally still married. Though its false that i got married again, now my life has gone for a complete toss. My lover and her parents are dragged into this, my old mother, my siblings. Now all of them are frustrated on me, because cops even went to their house to arrest. We have now taken anticipatory bail for all relatives living in India, but our lawyer is not giving ideas as of how to handle this case. I am also frustrated that the matrimonial appeal in high court has not progressed though its been 2 years since i filed. Can you please give some legal advise how to get rid of this mess?
you have not reproduced order of trial court wherein your divorce petition was dismissed . 2) it is necessary to go through order of dismissal of divorce petition passed by family court to advice . 3) you have stated that you have filed an appeal against order of dismissal of your petition . please note that appeal takes number of years to be disposed of . it woul depend upon pendency of cases in HC 4) since there are hundreds of appeals pending HC wont expedite your final hearing of divorce petition unless grounds for urgency are made out by you . 5)as far as case of bigamy is concerned wife has to prove the allegations made in complaint . she has to prove that you actually remarried during subsistence of your earlier marriage . complaint would be dismissed but it may take some years on account of long pendency of court cases in trial court . 6) as far as orders for attachment of ancestral property are concerned unless you reproduce the grounds on which order has been passed we cant advice you . 7) similarly allegations made by your wife regarding you taking 2 kgs of gold have to be proved by her . these are nothing but intimidatory tactics adopted by your wife to force you to settle as per their term
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Adv. Sudershani Ray
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