(Guest)

Second marriage

Dear Tajobs and Ld. Members,

As I had posted my query before that I am facing false 498a and other cases from my wife side. As she was divorcee before marrying me , can I take this as a plea that I was not aware thAt she was divorcee before our marriage and concealed the same fact from me. Our marriage held at arya Samaj mandir and I was all alone but her whole family was there. Our marriage was not registred under SMA act nor any notice etc. was paste for second marriage etc.

i know it's not ethical but what to do if due to our laws if women can file false cases on us then why we can't reciprocate the same with them.

regards/ vicky

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4 Replies

Tajobsindia (Senior Partner ) 13 October 2014

@ Author,

1. No. it is too late to take such plea.

2. BTW, do divorcee do not re-marry?

3. Arya Samaj Marriages are valid Marriages.

4. Parties may Register their marriage under SMA after Arya Samaj Marriage but it does not make it more or less legal marriage. It is just a Registration of a Marriage which is allowed under SMA.

5. If you know it is not ethical then do not tread un-ethical paths unless you know coming out of it too, unlike Abhimanyu.

6. What you need is company and patience discussion with a seasoned advocate to bail you out from your marital issues.

7. Repeated posting same briefs does not help. Network with other victims and or read and understand simple past discussions and make notes which helps your own case. You are not lone victim out here.

[Last reply]

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(Guest)

Tajob sir,

thanks a lot.

Vicky

K.K.Ganguly (Advocate) 13 October 2014

1. The stated facts are no ground for your filing a divorce petition,

2. You can file a divorce petition on the ground of cruelty after recording the evidence of her cruelty on you,

3. Filing of false 498A complaint is also called act of cruelty,

4. Contest your 498A case and file the divorce application properly,

5. 'You can do an illegal act on others since they are doing the same to you' is no logic,

6. Engage a lawyer having expertise in this filed.

T. Kalaiselvan, Advocate (Advocate) 18 October 2014

Well advised by expert lawyers above. Your plea that you were not aware of her marital status before marrying her at this stage is not acceptable. It will be treated as an after thought creation. If you have married her before Arya Samaj or through any proper act, it is a legal marriage and cannot be disputed. You can file a divorce suit against her on the grounds of cruelty and not on the grounds you intend to. Take the help of a lawyer and proceed legally.