I Know it's not Legel According to Indian Law's, But, Obligations
1 month ago
I will have to marriage at any rate
My Mom is getting older day by day & I am also suffering from Depressions, its urgently urgent for Me to get 2nd Marriage.
I informed to the Local Police & District Court about the matters of happen, but, Nothing Changed.
Its completely 8 Years to become My wedding done & We are presently living separate since 4.5 years. while after some days of Marriage She started Acting about her Reality of not being Loyal.
Multiple times We have compromise in the District Court, Police Stations and even in Our Village, (Block Supply Office) that She will live with Me normally like a Wife, but, She always like to live at her Parents home permanently.
So, As a ONLY Responsible Son, I have Decided to get Marriage & Save Life as soon as Possible.
DEAR EXPERT Sir
Please Tell Me the right Solutions, Where i can save My Life to becoming completely Destroyed.
THANK YOU !
Under Section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. When there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court under Sec.13 of the Hindu Marriage Act praying for a decree of divorce. In the absence of a decree of divorce passed by a competent court annulling your first marriage, 2nd marriage is considered void under Sec.5(1) of the Hindu Marriage Act. However, grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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