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What is the remedy to remarry apart from RCR order
25-Jan-2023 (In Family Law)
My wife left me in Jul/2015 taking our daughter(6yrs) with her. She is a professor drawing around 50K salary where as since 2+ yrs I am jobless doing sundry business. 4 months after desertion she filed DVA, Then I filed RCR and G&WC, Recently interim maintenance order is passed for RS 5K/Month and 50% share in Education & Medical costs of Daughter. She has even filed Dowry(498A) & Forgery(468) against me.
She & In law(court bird) are over smart neither they wish to settle the matter(MCD) nor Divorce hence their intention is just to harass me & my elders & claim Huge!
I have already waited almost 3.6 yrs, tried many mediations & rajee panchayath, even I have child visitation rights, considering my personal & future as I am@40yrs ...
Q1: Can I remarry secretly using DVA cross statement where she disagreed to rejoin & even I don't want to invite problems initiating divorce myside?
Q2: What precautions & care to take if she files bigamy?
Please guide, Thanks in advance.
Hi...you can marry secretly but such marriage will be no valid under law and your second wife will be not getting valid title as wife and it is also offence if you marry during life time of your first marriage. Instead of that you can settle the case I'm court only.
Thank you
Helpful?
Adv. Rama Chandra Shenoy
Bangalore / Bengaluru | 400+ Answers
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Dear Sir,
My answers are as follows:
Q1: Can I remarry secretly using DVA cross statement where she disagreed to rejoin & even I don't want to invite problems initiating divorce myside?
Ans: You cannot marry on such statements. You have to wait for one year of RCR decree and if wife did not turn up then you have to file divorce case.
Q2: What precautions & care to take if she files bigamy? Please guide, Thanks in advance.
Ans: You must get marry before she gets stay order to avoid any FIR or private complaint on the ground of bigamy.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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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.
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