Legal Question in Family Law in India
helo,
once RCR orders are given by the court & if the wife still doesnt respond to it,then how can the husband proceed further?? and if she refuses to live with the husband then does it mean that she can go for her second marriage with the first husband still alive and without taking divorce??
3 Answers from Attorneys
Divorce is must from the spouse of 1st marriage to enter into a matrimonial alliance for the 2nd time.
she cannot go for second marriage one first husband is alive and is not divorced. this would render the second marriage null and void and she would also be held guilty of bigamy punishable for an imprisonment of upto 7 years.
Except in case of muslim male, without Divorce second marriage is null & void for male or female. After getting RCR order if she doesn't respond you can go for execution of the order from the court. You can even ask for Divorce if she doesn't resume cohabitation within a year from the date of order.
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