Urgent advise for dispute separation in 2nd marriage

Team Associate

FACTS OF THE CASE

2nd Marriage, Boy was widower with one male child and girl was divorcee with one female child. She stayed for 2 years and left 19 months ago on the issue of shifting to some other rented house saying that she will not move out of parental house. She took Rs.18 lac in first divorce and the same is lying in FDR (monthly interest must be around Rs.15000) in her and her childs name, now she is working for last 19 months and earning between 20000-25000 per month. All efforts to bring her back have failed as she and her parents want legal adoption of her child from first wedlock which boy is not ready as she keep on quarrelling with all for her child. She wants all the legal rights for her child which was not discussed before marriage. Boy was spending on all household expenses and fee of her child also. Boy is in service. Please advise what to do .

1.-Pre-litigation Mediation (If i go for this and they do not come then will it have any positive impact on my filing divorce case or not) What action is expected from them after this ?

What precautions needs to be taken by me ?

2.-RCR (Restitution of Conjugal Rights) (Will it have any benefit to curtail maintenance claim by her ? He actually wants her back) What action is expected from them after this ?

What precautions needs to be taken by me ?

3.-Divorce on Cruelty. (She got abortion done without my consent, said that she loves her ex more than me, she slapped me, my child and servant also ,she braked bottles from the bar etc., stopped preparing food, talking, physical relations a number of times, left many times to her parents house without informing, -all this and other incidences are communicated on mail.19 months have already elapsed) What action is expected from them after this ?

What precautions needs to be taken by me ?

Will boy have to give share in his property also to her ?

Chances of filing false cases of 498-A and Domestic Violence. She filed all these case in her first marriage and her ex-husband was in jail for 3-4 days.

No dowry has been taken in any form and marriage was simple in Mandir with around 50 persons in presence. In the affidavit for registration of marriage the fact that no dowry has been given in any was mentioned in her affidavit and no dowry has been taken in any form in my affidavit and the papers were submitted with the Registrar but registration has not been done as she went away.

NO CASE/COMPLAINT IS PENDING FROM ANYSIDE EXEPT THAT I SENT ONE LETTER TO LOCAL POLICE STATION WHEN SHE ARGUED AND LEFT THE HOUSE .

Your kind advise is solicited.

 
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Worker

the 2nd husband has fallen in her trap just like her first one.


after legal marriage, the wife has got all the rights on her 2nd husband.

just check whether she has a court decree for her first divorce.

 

if she does not have court decree, the 2nd husband can relax.


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Worker

She wants all the legal rights for her child which was not discussed before marriage

 

her demands are not unlawful - neigher for herself nor for her child.


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Worker

She took Rs.18 lac in first divorce

 

amount granted by court / out of court settlement ??

 
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Team Associate

Amit Ji,

They never discussed about adoption before marriage and now they are insisting for the same and that too when she do not take care of me and my son at all and argue and fight on small small issues relating to her daughter.So i am not in a position to adopt her at the moment .

If i go to court can she insist adoption in the court legally in Hu=indu Marriage when i am bearing all the expenses of both of them and ready to give her in writing that all expenses relating to her child for marriage ,education etc. etc. will be born by me .

 

Thank you 

 
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