Legal Question in Family Law in India

sir,

my brother is defending a case of dowry against him, his wife is staying away from him since last 4 and half yrs.they are demanding 10 lakh rupees ,the case is totally false.last week we have broken x party.we filed another case 3 yrs back for divorce. the decision was that as another case was pending so the decision can not be finalized. also we filed the case within a year so it was too early to get divorce.sir i want to know that as my brother is staying away from his wife for 4 and half yrs can he get permission for marriage legally after 5 yrs.is there any clause by which he can save his valuable life from the clutches of draconian law 498.


Asked on 10/22/11, 7:08 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There is no legal provisions which may permit him to remarry without first obtaining divorce from his first wife. 498-A was enacted to protect innocent and helpless women.

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Answered on 10/22/11, 10:09 am
Sanjay Kalra Sanjay Kalra & Associates

Your brother cannot remarry without obtaining a Divorce from his 1st wife.

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Answered on 10/23/11, 3:00 am


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