Second wife filed a case on maintenance with false claims


 

Hello,

My Father married my mother in a temple in 1977 and my father was forced to get married to another woman in 1978 by my grandparents, this marriage was done as a normal ceremony.  My parents registered their marriage in 1982 stating they got married in 1977 & they have two kids. Second wife doesn't have any registered marriage certificate.

We all were together [second wife & her daughter, myself, my sister] under same house (joint family) until 2009, except my parents were in another place as both were working in same office. Problem started when i purchased my house with my wife under loan. They have also open the door of my personal room where i saw staying & have got it. This was constructed and i was staying there since 9yrs before moving to my new house. Can i file an FIR for opening the door and getting inside OR directly going through court is better?

Second wife has filed for maintenance in Family Court under Section 125(1) Cr PC 1973, claiming that my Father:

1. Has illegally has relationship with another woman.

2. Maintenance Claim for Her & daughter at Rs.30,000 & for daughter marriage - Rs.15,00,000.

3. Has given me his hard earned money to buy house.

How should i proceed with fighting this case?

Kindly help me with your suggestions, i have this month end to start attending the court proceedings.

 

Thanks,

Shashank

 
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Worker

 

First marriage is legal & valid.

second marriage is void ab initio.

 

Second wife has filed for maintenance in Family Court under Section 125(1) Cr PC 1973, claiming that my Father:

crpc 125 filed by 2nd wife wont be maintained.

 

1. Has illegally has relationship with another woman.

another woman here = legally wedded wife. 

 

2. Maintenance Claim for Her & daughter at Rs.30,000 & for daughter marriage - Rs.15,00,000.

She (& her daughter too) is entitled to claim; though the marriage is void.

 

settle the matter amicably, as far as possible - out of court / through mediation; as she can file following cases on ur father :

 

the 2nd wife can file Bigamy (494) / 495 against ur father.

 

she can also claim maintenance for herself + her daughter.

 

she can also file DV / 498a against ur father, in which u could be a party.

 

2nd wife is not at fault.

the husband is defaulter.

 


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Firstly, thanks Amit for reply.

the 2nd wife can file Bigamy (494) / 495 against ur father.

she can also file DV / 498a against ur father, in which u could be a party.

Isn't it too long time now.. as far as i know its been almost 30yrs now.

 

she can also claim maintenance for herself + her daughter.

Now, she has filed claims (15k for her & 115k for daughter). This itself shows too much greedy.

 

settle the matter amicably, as far as possible - out of court / through mediation

We tried this but they are really greedy with property. I claimed to share equally among everyone but they need more share in property.

My Parents both are working. Can there be a possibility that my Mom files a case to somehow drag a bit or to make them come for negotiation somehow? 

 
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NA

Amit, thanks.

@Author, that lady has given 34 years of her life to your father.What you were doing until she claimed maintenance?You should give her right.


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Worker

Isn't it too long time now.. as far as i know its been almost 30yrs now.

there is no time bar to file 494 / 495 as max. punishment that can be imposed thereafter is 7 - 10 yrs.

 

Now, she has filed claims (15k for her & 115k for daughter). This itself shows too much greedy.

Doesn't this show that she is NEEDY ?

 

Can there be a possibility that my Mom files a case to somehow drag a bit or to make them come for negotiation somehow?

dont think this way.

if the 2nd wife decides, she can verywell harass the entire family - LEGALLY.

 

We tried this but they are really greedy with property. I claimed to share equally among everyone but they need more share in property.

reduce ur terms of compromist a bit.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Shashank,

 

The second marriage of your father is void, and even such long cohabitation cannot make it a marriage, S.125 only entitles 'wife' to maintenance not a live in partner or a woman who is kept like a wife. Hence she is not entitled for anything for herself, atleast not in 125 Crpc - if any other provisions. To defeat claim as regards her you only have to prove your mother's marriage, which should not be difficult as marriage is registered also.  As regards the child the - child can certainly claim as even illegitimate children can claim from father u/s 125 CrPC. 

Don't be worried about your house they can stake no claim to the same.

As regards they breaking the locks and everything you can - sue them criminally for theft/criminal trespass(house tresspass etc and civily as well. 

 

Feel free to talk !

 

Regards,

 

Bharat

Advocate

 
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Worker

wife of void marriage is also entitled to maintenance.

rameshchandra rampratapji daga vs rameshwari devi rameshchandra daga : SC.

 
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if the 2nd wife decides, she can verywell harass the entire family - LEGALLY.

She has been already doing this. We need to fight for justice for such domestic harrasments by Her & her family side.

Doesn't this show that she is NEEDY ?

She has been staying in our [Grandparents own house 4 different house for each son] house so many years and we have been in rented place. She used to take rent amount as well. In my Nine years she never gave me a one plate meal as well & i was staying in my uncles room for 3yrs before a small room was constructed. Infact My Mother sacrificed her life for looking after Second Wife, her childrens & also, marriage of her elder daughter. My Dad was not earning much since everything used to for my Grand Mothers treatment. Whenever my Dad comes nobody would be there to serve him as well everything was taking care by my uncle itself.

Why my Dad himself doesnt earn much the claims are based on my Dad, Mom & myself. Its simple, staying in own house who needs Rs.30k!

 
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Thanks Bharat!

We or I seriously doesnt have any issues for thier maintenance claims, we have no objections. We had agreed to pay monthly & also for marriage as its my Dad's responsibility.

But what they want is the House + 30k monthly + Marriage. What property shall will i get if i give everything? I have my home loan as well.. and my parents should also get something which they have invested on. That was my arguement.

Thats the reason, i want to fight for this case. Is there any possibility of we agreen to pay certain amount as maintenance, but ask them to vacate the house? Will court accept this kind of or we need to fight separately?

Originally posted by :Adv. Bharat Chugh
"
Dear Shashank,

 

The second marriage of your father is void, and even such long cohabitation cannot make it a marriage, S.125 only entitles 'wife' to maintenance not a live in partner or a woman who is kept like a wife. Hence she is not entitled for anything for herself, atleast not in 125 Crpc - if any other provisions. To defeat claim as regards her you only have to prove your mother's marriage, which should not be difficult as marriage is registered also.  As regards the child the - child can certainly claim as even illegitimate children can claim from father u/s 125 CrPC. 

Don't be worried about your house they can stake no claim to the same.

As regards they breaking the locks and everything you can - sue them criminally for theft/criminal trespass(house tresspass etc and civily as well. 

 

Feel free to talk !

 

Regards,

 

Bharat

Advocate
"
 
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house wife

Shri Adv. Bharat., pls gide. ne of my friend ( lady ) married  in 1998 , she got one daughter in 1999 , but due to some problem she came back.she took some  lumpsum money from husband for her and daughter and signed the divorece deed on stamp paper , both signed in subregistar  office . in 2003 my friend re married one widower person but there also she not adjusted and she left. I know my friend is not positive, she is not having good behaviour with both the husband, on both the suband she charged 498a, and now from second  husbad also she is demanding more than rs. 20 lacs. , bue he is ready to pay approx 10 lacs., but my friend now threatning him that if heis not going to pay 20 lacs she will file again some more cases, 498a is still panding..pls adivse, i know my friend is wrong. his second husband is nice person, he had spend lacs on her for buying clothes, gold, vacations but still my friend is not happly. i know my friend taking advantaage of his politeness...pls adivse urgently.Thanks

 
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