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Pankaj Upadhyay   01 April 2016

Marriage issue

Hi All,

I got married in Nov 2013 and that was start of all my trouble.

Here are facts:

1. Wife has epilepsy and this fact was hidden from us before and after marriage untill she had an attack.

2. She was married to another person since 2011 and I found this out in Jan 2015.

3. She is not living with me since Jan 2015.

4. Her previous husband filed a divorce on ground of dessertion and he recieved it ex parte on July 2015.

4. I filed two complaint case first - one for fraud and another for nullity of marriage.

5. She has filed 498A and domestic voilance on my whole family.

6. Right now .. i am only accused under 498A and DV act.

 

Documents i presented it court:

1. Her marriage certificate.

2. Her statement under section 164 where she accepeted she married.

3. Her previours husband statement and divorce decree.

4. Chargesheet filed by police under fraud case where police found them guilty.

 

I also have recorded statement over call that she was married before my marriage.

she is mentally unstable as well and she has history of hurting herself. 

 

Please suggest how can i move this quicker and safeguard myself from 498A and DV.

They are trying to delay the process.

Example: for nullity of marriage case, they did not show up at all and they took bail in 420 case.

I got an order to start one sided proceeding for nullity of marriage and now they are coming to court and asking for trails. 

They are playing with an intenstion to delay the process.

Please suggest possible actions.

 

 

 

 



Learning

 2 Replies

saravanan s (legal advisor)     01 April 2016

You say that she got divorce only in 2015 but married you in 2013.if thats correct then your marriage itself is void as she had a living spouse at the time of marriage. in that case her 498a or dv against you is not maintenable against you

saravanan s (legal advisor)     01 April 2016

You can also file a case of bigamy on hEr

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