Legal procedure to file for divorce as wife already remarried

689 votes

Yes file divorce in family court of your district for which you have to appoint an advocate who will draft your case and file the same in the court. On the other hand, his wife has committed a criminal offence by doing second marriage. It's better to initiate case against her as well.

Advocate Rajdeep Pradhan LawRato

910 votes

Ok call me...i ll explain u in a better way..and i ll let u know the procedure.. so u wont understand if i write it down here..thats why in telephoni conversation i ll let know every thing..take care.

Advocate Devdatta Mohanty LawRato

511 votes

dear client dont wory
in this ground your friend can file a diverce case against her in the family court but your friend have to prove that his wife has married to anaother person it is sufficent ground to take diverce

Advocate Bibhuti Pattnayak LawRato

916 votes

Dear Sir,
First of all, the wife of your friend is to be held guilty for marrying again to another man without obtaining a decree of divorce from your friend. Please note that the offense of marrying someone while already married to another person (also known as bigamy) might attract a penalty of imprisonment of up to 7 years. Nonetheless, the second marriage is null and void and has no legal sanctity as per Section 11 of the Hindu Marriage Act.

Now, as your friend desires to marry again, it is quite natural that he has to obtain a decree of divorce from his wife, lest he would be committing the same offense as his wife.

In the circumstances, your friend can choose to seek divorce on the ground of bigamy. However, the same shall be allowed on contest only, if the wife decides to resist such a divorce petition filed by your husband on the ground of bigamy. Such contested divorce proceedings generally are time-consuming as they have to go through the rigor of substantiating the respective claims made by the parties.

The other option available to the parties is filing a joint petition for grant of divorce on mutually agreed terms. In such a scenario, the proceedings are concluded within a span of 7-8 months at the maximum, provided the parties stick to their mutual arrangement of procuring the decree for divorce.

In my opinion, your friend should take the benefit of having knowledge of the wife's offense and can use it to his advantage to persuade the wife for agreeing to a mutual divorce. The wife being caught on the wrong side of the law and to avoid the hassle of courts and procedure, might also agree to the same. Such mutual divorce would entitle your friend to get married again. Later on after getting the decree of divorce, if your friend so wants, he can sue the lady for damages as shall be appropriately advised once the situation so arises.

Strike now, the iron is hot !!

Regards.

Advocate Sandipan Mohanty LawRato

769 votes

File a case for divorce in family Court
or any other court as per local
jurisdiction against your wife or file criminal complain case for second marriage before divorce or try for mutual divorce .

Advocate Durga Prasad Jena LawRato