Appeal for remarriage in special case
5 years ago
My wife is not responding from 2 yrs after brain stroke during child birth. I have a son of 2 yrs and there is no one else who can take care of my wife if divorce. She needs care and i am ready to provide it. But at the mean time i wish to marry as i have no other way to manage my son's future and family.
Can i appeal for a second marriage in special case as there is no one who could take care of my wife better.? Her family if given custody if forced to divorce would demand healthy money and i can assure you that they will use it for own expenditure than taking care of her.
I am in very strange position and i need some solid suggestions.
Deepak Yashwantrao Bade
Responded 5 years ago
A.You should take care of your wife. Because she believe and depends on you. If you try to throw out her because of brain strock and unable to maintain herself morever there could be assured chances if same happens with your second wife and you again try to throw her as well. Sir morally and legally it's your duty to maintain and caring your wife and your children. It's your duty to provide maintenance to her for medical expenses and other expenses even you are bound to maintain her dignity respect and legal rights.
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A.Dear Sir,
Indian Laws yet to be enlarged as present laws cannot answer strange positions like one which you are facing. File a PIL challenging Section 494 of IPC which prohibits second marriage without any exceptions. Yours is a exceptional case.
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Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Indian Laws yet to be enlarged as present laws cannot answer strange positions like one which you are facing. File a PIL challenging Section 494 of IPC which prohibits second marriage without any exceptions. Yours is a exceptional case.
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Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
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Nirmal Chopra
Responded 5 years ago
A.Your case is a very unfortunate one.Never heard of brain stroke during delivery. Think what could have your wife done or what could have been the situation had u suffered brain stroke due to whatever reason. I agree with opinion of advocate Ganesh.Marriage is a relationship of two souls.U should not leave your wife like this at the mercy of others.Remember that she has given you a son, father's and their family member's are cracy for in Indian society.Take care of her.She needs you.Instead of giving hefty amount for alimony spent the same for her treatment. If u have the will power to take care of her, she will surely respond to treatment.Have faith in god.
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Junaid Ali Khan
Responded 5 years ago
A.This is not possible without giving divorce to your wife.
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Ashutosh & Co
Responded 5 years ago
A.For legaly you cant do second marriage without divorce to your first wife
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GANESH SHARMA
Responded 5 years ago
A.Hello
What are you saying man. Arrange a good house help to take care of your son. How can you think that another woman will take care of your son? This is weird even the court will not allow you for this. Be a good husband and life is not meant for just marriage its for sacrifice also. Love need sacrifice. Just think you had the best moments with that lady try to give her best treatment and love she will be fine one day.
What are you saying man. Arrange a good house help to take care of your son. How can you think that another woman will take care of your son? This is weird even the court will not allow you for this. Be a good husband and life is not meant for just marriage its for sacrifice also. Love need sacrifice. Just think you had the best moments with that lady try to give her best treatment and love she will be fine one day.
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