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umesh verma (Working)     05 August 2018

Second marriage without getting complete divorce

Dear Sir/Madam, Me and my wife (rooma verma)had filled mutual divorce 13B in july 2017 in Kanpur family court after procedure we did with mediation centre and finalized on one time settlement with 8 lac rs.in July 2017 I gave her draft of 4 lac rs in the court (I have proof of draft) and final 4 lac rs. I had to submit in Jan 2018. I did the same which decided and I went to Kanpur with final 4 lac rs. draft but my wife was again asking additional amount to get divorce from her. actually in the statement of mediation centre it was clearly mentioned no any other money or anything is allowed only 8 lac. I told to court this thing and they gave me next date in March 2018. I again went with draft but again she did not present. Now, our next date was 3rd August 2018 but before this date my wife did second marriage (very secretly) in Kanpur Arya samaj mandir, heera ganj on 9th July 2018. I got all proof like her marriage photo, arya samaj mandir certificate number (not certificate because my wife family persons told to Arya samaj mandir person not to tell or give anything about Rooma second marriage) but still I got certificate number and I took confirmation from them that yes Rooma marriage was done here. Now, as rooma had already married (second) before she got final divorce, I want to ask few questions here and looking for guidance. 1.can I file 494 and 420 case against my wife Rooma verma, her family, the guy who married with her and his family persons in the court? 2. Still Rooma can take that pending 4 lac rs. from me even she already married before getting divorced? 3. Rooma advocate is saying that I asked the divorce from her and I filled 13B (actually it was mutual divorce) so I have to give that pending 4 lac to her, is it correct? 4. what other things I can do against my wife and their family so they can be treated because they cheated me and even court also. I want to request all of you please guide me. thanks Umesh Verma (Ahmedabad)


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 16 Replies

SOLOMON.RAJ (advocate/director)     05 August 2018

Dear Umesh,
The criteria for filing a omplaint under section 494 is marriage certificate and photos. If you hve obtained this as proof of her second marraige the spouse has the right to file Bigamy Case.

Secondly once she marries another person she is not entitledto any sort of maintenance or alimony.

The punishment for committing bigamy is 7 years imprisonment.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
1 Like

Vijay Raj Mahajan (Advocate)     05 August 2018

Criminal complaint case under section 494 IPC will require proof of both first as well second marriage ceremonies. Mere photos and marriage certificate not enough. The priest who solemnised her second marriage, that all essential ceremonies of Hindu Marriage were performed, and even witnesses in whose presence all these ceremonies were performed will be required. As far paying complete alimony amount for divorce by mutual consent is concerned that is an agreed amount that you have to pay and get the second motion completed so at least you are out of the marriage and having valid decree of divorce I hand to remarry legally.

umesh verma (Working)     05 August 2018

Dear Sirs, thanks for reply but can I tell to court about her this second marriage on my next date. if she already get married then why I should give her rest pending 4 lac rs.? can court tell to her that now she is not eligible for the pending amount if she already married to someone?

Pls guide.

thanks

 

SOLOMON.RAJ (advocate/director)     05 August 2018

According to the recent Supreme Court Judgement No essentials and ceremonies proof is required to register a complaint under section 494 of IPC Please bring it to the notice of Hon'ble Family Court.
1 Like

umesh verma (Working)     05 August 2018

Thanks sir for guidance..I will tell about this to family court on next date but can my wife still get legally that pending 4 lac rs. from me? I am asking because I was going for bank personal loan for this pending 4 lac rs. Sorry but this amount is huge for me and if I have never pay again to her then it will be major relief to me.

Thanks

Umesh

 

 

Vijay Raj Mahajan (Advocate)     05 August 2018

Please provide complete details of the Supreme Court judgment where no proof of essential ceremonies of marriage for criminal complaint case under section494 IPC required, just providing incomplete wrong information will not do. The alimony amount agreed by you but you don't want to give because she remarried during existing marriage, tell this to Family Court judge, but he will tell you same what I told you, that to pay the amount and get the divorce proceedings complete, rest if you don't pay, your divorce by mutual consent petition will be dismissed on her not agreeing for divorce at the time of second motion.

SOLOMON.RAJ (advocate/director)     05 August 2018

If Bigamy isproved you dont need to pay. Please file a memi before the family court about the second marriage with ll the proofs.

umesh verma (Working)     05 August 2018

Ok sirs, as per both of your suggestion I will present all the proof to family court judge about her second marriage. if still court says that I have to pay pending amount to her for divorce then can I deny that by simple statement i can not pay to her becuase she already married or I must say that I dont have money for her?

In both conditon what can court do against me? can they send to me jail or they will rejct our joint petition of divorce?

Thanks 

Vijay Raj Mahajan (Advocate)     05 August 2018

No you will not be sent to jail. Your divorce petition will be dismissed if your wife withdrew her consent or doesn't appear for second motion because you're not paying her balance amount of Alimony agreed by you.

umesh verma (Working)     05 August 2018

Ok sir, now one last question if I will tell to court that I can not pay amount to her and now I am agreed to take back my wife with me then can this court allow and tell her at that time immidiately to go with me? see as she is already married so obviously she will not agree to come back with me because she already living with her husband in fatehpur.

What can be further action I take to get divorce frok her?

thanks

Vijay Raj Mahajan (Advocate)     05 August 2018

Yes tell the court you want to continue the marriage and want her back, wait for her reaction and reply. For getting divorce later on there can ground of cruelty, desertion of more than 2 years and adultery if she continued her second marriage with second husband.

(Guest)

I had replied to a query similar to that of yours and I doubt that it ws either your wife or that man who married your wife few months back.  Not sure who contacted me.  You can check my old posts and find out whether it was your wife or that man who had posted on this forum and prepare counter based on the replies given.

What I suggest is, you simply stop going to court, you have alredy paid her enough.  If you file bigamy case that will go on for another 10 years or even 20 years.  You shuld not have paid any money to her at all because she has cheated.

Contact advocate in your town and take suggestoin fro only 1 advocate.  you contact 10 advocates you will go mad.

anubhav Bhatt   05 August 2018

Dear client better if you contact us then I will elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

Krishna   05 August 2018

Dear Umesh, 1. get rid of your wife peacefully by paying remaining amount and start a fresh life. 2. if you don't want to pay with proofs you have negotiate with your wife, so that she will come to a compromise for divorce without taking money further. 3. if still she doesn't come to compromise, file a case as you wish. 4. ultimately you should live in peace without wasting your time, years in running court cases.

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