LawRato

Remarriage options if spouse already remarried by giving consent for s


29-Oct-2023 (In Divorce Law)
My wife was not in the mood of staying with me and my parents and showed discontinuation from day 1. She belongs to other state and always was in the mood of go back home. After 2 years of marriage she made a false excuse and went maternal home to never come back. Now 2 years passed and this year 6 months ago she sent a divorce papers on the ground of cruelty and text me on my mobile with a consent of remarry. This October month 2018, I got to know that she remarried there at her state with same state boy, however the divorce case is still in process. Now what should I do, please help, kindly advise.
Answers (2)

Answer #1
718 votes
Hi,
First of all, you have a very strong case in your hand.
The second marriage done by your wife is null and void.
You can file a petition for the same and further seek divorce from your wife on this ground itself.
For more information, feel free to have a word with me. All the best.
Helpful? LawRato LawRato
Answer #2
855 votes
Hi,

From hereon, any conversations, emails, SMS's interactions, voice recordings on the phone, if possible, video recording of your interactions with your wife should be recorded. It is advisable to speak with a lawyer to understand these intricacies as you would have to create a paper trail before Court. All these evidences are admissible in Court and will vastly affect the outcome of your case.

As you have mentioned she has re-married another man in her home state. This marriage is NOT VALID as she is still legally married to you. She has infact committed adultery and it puts you in a greater position to exert force in these proceedings.

However, it depends on what it is you seek. If you seek for your wife to return to the matrimonial household despite all this, you can file a Petition seeking Restitution of Conjugal Rights where the Court would direct your wife to return to her home and fulfill her matrimonial duties. However, I would need further information to help ascertain your current state.

Do let me know if you have clarifications.
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."