LawRato

Possibility of getting married again without divorce


22-Nov-2023 (In Divorce Law)
I(34age) was falsely accused with 498A in 2013 and got acquitted in July 2016.As there is no questn of reuniting with such a fraud,Divorce was filed. But my wife did not settle for divorce in the mediation cell (she wants to come back to me).As such,d case was forwarded to the civil court.Since then, I and d other witnesses have been appearing before the Judge for 6 consecutive dates given by the court, but not a single session has been taken due to the absence of the opposite party representatv/Lawyer (though they were very much present in the Court). Our lawyer has suggested to wait since the matter is intentionally delayed by the other party and says that if the case is closed due to their absence, the opposite party might get a chance to appeal to the higher court, n thus make further delays.Is it so simple for a 498a wife to go this further?Is it possible to get married(Hindu) without getting d divorce since we have been living separately for 4yrs? What might be the consequences?
Answers (2)

Answer #1
892 votes
As you have been acquitted in the case under section 498A, just file a case against your wife under section 211 of IPC for filing false cases against you. Apart from that, you can also file a case under section 499 read with section 500 of IPC against your wife stating that these false allegations have degraded you and your family's respect in the society.
These things will put pressure on your wife and prevent her from misusing the provisions of law. Also in the divorce case try lament the cruelty and hardship you had to undergo when false case was filed against you.
Helpful? LawRato LawRato
Answer #2
821 votes
Hi,

You will have to wait for the divorce degree to be final. You cannot marry without first divorcing your wife as such a marriage will not be considered a valid marriage in the court of law.

Regards,
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."