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(Guest)

Bigamy by wife

Hi There,

I married a girl found through a matrimonial site. Mine is 2nd marriage with her and her's is 3rd marriage with me, we got married in Dec '16. Before marriage when the alliance was fixed she and her family behaved like a very conservative family but true colors were shown post marriage. after getting married she was eager to conceive a kid as soon as possible citing reason saying we are getting older and let us plan to have a kid. I  trusted her and within a month she was pregnant. we were staying in an apartment only for 2 months and she was citing unnecessary reasons saying she is carrying now she wants to go to parents home etc and by 3 months we vacated our apartment and started staying in her home with her parents. Now they started to harass me mentally and not allowing me to go visit my parents or any of my relatives home. whenever I visit my hometown she used to rake up quarrel unnecessarily. later after 9 months, she delivered a baby girl.

1. The problem started now, I soon realized that her 2nd marriage was not divorce but pending in the court under section 120B, 406,498A, 506BR/W340FIPC and that her 2nd husband is in the USA and he didn't turn up for any case and is still pending even now in the court.

2. They have suppressed her 2nd marriage divorce with me and my family and got me married. When I sent a legal notice on this the girls family filed a dowry, domestic violence case against me and my family.

3.Same kind of dowry and domestic violence whatever she has filed on her 2nd husband the same thing she has filed on me and my family and also in the FIR its mentioned that I haven't stayed in the home instead I was living in a separate apartment of theirs which is not true. since I was staying with them for 10 months.

4. She also claimes that I have sent emails to her and her dad that I will take away my daughter break house windows etc. But I did not send those email as the email ID created in my name is fake.

5. After sending her legal notice she has filed all these allegations which are not true. She claimed that they got all the jewels etc during the marriage was part of we asked for dowry which is untrue and also she claimed that she gave me 5 lakhs which I haven't asked for nor I got from them.

6. Police without counseling us they have filed FIR on us by pressure from girls side. I think they have bribed them.

How do I save myself and my family from all these false allegations and also how can I fight against them? How long will this case can go on?

My Lawyer really helped in getting us bail quickly and saved us and also my lawyer says once we prove the dowry allegations are false we can get the divorce easily and also we can file a cheating case against them since without obtaining 2nd marriage divorces they have suppressed and married me.

I also have emails from my wife saying she will file dowry /domestic violence 

Kindly advice what steps should I take to prove all these are false. 



Learning

 12 Replies

Siddharth Srivastava (Advocate)     18 June 2018

Your lawyer's opinion is correct so go with his opinion and advise.

Siddharth Srivastava (Advocate)     18 June 2018

Your lawyer's opinion is correct so go with his opinion and advise.

Siddharth Srivastava (Advocate)     18 June 2018

Your lawyer's opinion is correct so go with his opinion and advise.

Siddharth Srivastava (Advocate)     18 June 2018

Your lawyer's opinion is correct so go with his opinion and advise.

Vijay Raj Mahajan (Advocate)     19 June 2018

Your lawyer is a stupid fool. If the 2nd marriage of this woman never dissolved through decree of divorce, how can your marriage with this woman valid ? If your marriage with this woman not valid at all there is no need for divorce. The charges under section 498a IPC should also be dismissed on this very ground that she's not your valid wife. Better change your lawyer, engage some sensible one who can handle the case properly.

(Guest)

Hi Vijay,

Yes, agree with your point. But the girl's side has complained to police saying they have obtained the divorce but when requested for the copy of the police says they don't have that this etc. So once we file the cheating case on them they got to show the divorce decree whether it was before or after my marriage. Whatever it is at the time of my marriage I'm sure they didn't get the divorce decree. So in the cheating case if they cannot prove the divorce then automatically the cases of dowry etc on me and my family should be quashed isn't?

But since out of wedlock, we have 10 months old daughter we cannot file for nullity of marriage instead we have to file for divorce it seems. Kindly advice sir.

Krishna   19 June 2018

As Mr. Vijay Raj Mahajan Sir said is correct As your wife marriage is not dissolved with her previous husband through divorce decree, your marriage will void, collect all the certified copies of the cases, approach senior police officers like commissioner etc, they will help you in filling 420 case etc i got the same way against my wife in hyderabad. If you are in hyderabad I can help you

(Guest)

Hi Krishna,

What if her 2nd husband had got exparte divorce in USA and my wife also if at all got Exparte divorce in India from him but still she is fitting dowry-related cases against her 2nd husband. All these I didn't know. If at all if she had got exparte divorce how can I fight against the dowry case she filed on me (3rd husband) and my family and to obtain the divorce from her. Kindly advice.

Krishna   19 June 2018

If you know the name of 2nd Husband of your wife, try to find out him through Internet using social media like Facebook, LinkedIn etc which I have done. From 2nd Husband, you may also get details of the 1st husband and cases etc. Through court websites try to find out details about the cases etc, with parties names you can get it once you have case details you can get certified copies. Go to the nearest police station of the your wife to know whether she filed cases against any others. If you have names of her ex husbands and city, you can get their address through voter ids. These are very tough and laborious jobs either do it yourself or get it done through detective agencies. I hope I have given enough ideas which worked for me

(Guest)

Hi Krishna,

I did contact him via FB he clearly said he is 2nd husband and also said she filed false cases on him but when I asked him whether you got divorced or not he didn't respond to any of my messages and moreover he and his family are in USA.

1 Like

Krishna   19 June 2018

Very difficult situation. May be the person wants to forget or doesn't want to drag himself. Try to find out his family members through his Facebook account only explaining your position. They may help you. With out any proofs you can not win any cases. Find out the cases filed by your wife against her 2nd Husband by visiting police station near to her house, where they last stayed etc

(Guest)

Hi Krishna,

Yes I did collect all the certified copies of the FIR, charge sheet filed in the police station and also the ongoing court case documents. I do have the certified copies but how do I confirm if divorce has happened or not legally coz I didn't find any divorce or ex parte divorce in the family court. all the certified copies I got is from civil court. Kindly advice.

Can you call me.


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