Need urgent advise pls


Hi, 

I am married since 2008. We have a child out of our wedlock in 2009. He is around 9 years old. I need to apply for divorce and get custody of my child because of the following reasons:

1) My wife was married before but she divorced her first husband.( I was not informed and kept under dark. Being from a decent family, we just met their parents and decided to get married once they approached us thru matrimonial site)

2) Secondly she married a Muslim guy for second time and did nikahnama with him. She even gave birth to his child but unfortunately the child died within same day after his birth because of medical reasons. ( I received all this info from her ex husband who approached me on social site last year and showed me his chat with her and her previous emails to him. He even showed an image of their nikahnama. My wife says she was trapped but she never revealed this story to me previously). Also they never divorced legally but she just left him after staying for few months or year together. She now threatens this guy too.

3) After my marriage, she developed relationship with my NRI friend. I had proofs of his ticket to visit her hometown, His photograph with her while holidaying abroad, email in her inbox narrating about her physical relationship with him (copy with me). Here again, she lied that they are just friends and i am exagerrating the matter. But Proofs says different story. Can't believe her anymore.

Till now, I kept mum for sake of my child but its all over. I felt like being cheated. Since last 1.5 years I am visiting her but not staying with her. She lives abroad with my child. She is from big business family and threatens me that she can buy the judiciary and f*** my life but will never give the child back to me. She has sufficient money and her own house abroad.She has put conditions that either i leave my parents in India and live with her for our son without any marital flings or expectations from her. I cant do this. We had physical fights and abuses while staying together. 

moreover, I was educated abroad and was working abroad before my marriage. After my marriage, they asked me to help them in their export business. While I was away busy in developing their business abroad, all these things happened and i got to know about this very late. Her business family always kept me busy and played with my career and life and has taken my child away from me now. I am suffering both financially and emotionally now. 

But I think if I stay mum, She might spoil the life of some other person. She is a fraud and emotionless woman. She just had physical desires. Also my child will see a bad upbringing with her under such circumstance. So I want to fight for his sake

Kindly advise

 
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Advocate

"Secondly she married a Muslim guy for second time and did nikahnamma with him."

When you state this, the very first question arises about your own marriage, religion of both parties, and form of marriage whether it was religious marriage or civil marriage.

‚ÄčIf you both did Hindu marriage, after her getting divorced of the Muslim Marriage where she got converted to Muslim religion before her Nikah with Muslim man, her continuity of Muslim religion and not converting back to Hindu religion, makes the Hindu marriage between both of you by itself Null and Void under the Hindu Marriage Act.

Please clarify all this before any suitable legal advice can be given to you.

Contact me for detailed case discussion and consultancy, vijaymahajan5758@gmail.com

 
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Mistakes do happen. Not for 1 reason, but many.  You are perfect example for that.

You say you are not good financially.  Why bother about kid etc.

You had good time.

She also had good time.

What kid will learn, what it will do you cant predict even if you give it tuition of what to do and what not to do entire life.  SO stop worrying about it.

Your queries is academic one.

There is no problem actually, but you seem to be in the habit of creating problmes where you dont have none.

Very good example you are to many people of how not to be.

Being honest and truthful is a personal choice.

 
Reply   
 

Mistakes do happen. Not for 1 reason, but many.  You are perfect example for that.

You say you are not good financially.  Why bother about kid etc.

You had good time.

She also had good time.

What kid will learn, what it will do you cant predict even if you give it tuition of what to do and what not to do entire life.  SO stop worrying about it.

Your queries is academic one.

There is no problem actually, but you seem to be in the habit of creating problmes where you dont have none.

Very good example you are to many people of how not to be.

Being honest and truthful is a personal choice.

 
Reply   
 

Apart from what advocate Vijay Mahajan has stated, I would like to add that you are victim of menatal torture, concealment of facts and the circumstances stated by you are fit for seeking divorce. Have faith in judiciary it is last resort, documentry evidences can not be ignored by anyone easily.   A single condition 'not having physical relation with wife over 90 days and living separate without any valid reason is fit case for divorce.

 
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Apart from what advocate Vijay Mahajan has stated, I would like to add that you are victim of menatal torture, concealment of facts and the circumstances stated by you are fit for seeking divorce. Have faith in judiciary it is last resort, documentry evidences can not be ignored by anyone easily.   A single condition 'not having physical relation with wife over 90 days and living separate without any valid reason is fit case for divorce.

 
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FIN

The matrimonial sites might have given a form to submit having various column e.g; previous marriage/divorce etc etc….

Such information might have been shared with prospective parties e.g; you.

You may write to the said matrimonial site, and inquire.

 
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FIN

You have the image of Nikahnama.

Check with the competent entity that solemnized Muslim marriage e.g; Qazi for authenticity and if the said Lady embraced Islam, before marriage.

Keep the said proofs of said illicit relationship with NRI friend.

All these episodes narrated by you are aimed to point to that the said Lady is not fit to have custody of the child.

Isn’t it!

 
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