Mayank Sharma 14 April 2018

query aganist wrong charges by wife

Dear concern advocates,

please accept my apologies as your junior bcoz it's a long query

I am very new law student and got married recently in Oct 17
in Dec 2017 someone infomed me that the girl with whom I married is already married. After investigation I finally collect certified copy of her marriage certificate which was registered under special marriage act 1954 with a SC Caste boy and the solomnized month was jan 2017
After that me and my family asked her parents that why they hide this fact ? they admit that it was their mistake I have recording of that meeting too
After lot of rounds of talk on table finally I decide to file an FIR against them and files that under 420 , 406 ipc and two cases one in under 495, 120(B) and other in under HMA 1955 u/s 11 and 17 (my marriage was solomnized under hindu ritual , we both belongs to son caste)
now I received a latter from women help and support center an initiative of police station of girl's living area that she apeal there against me and she want counseling so the counsler want me to present on given date.
so my questions are :

1. As she earlier married under SMA 1954 but didn't get a decree u/s 27 of SMA 1954 but she having a customary divorce deed and argued that it's valid and registered under registrar. is it a valid divorce in case she is from son caste but boy belongs to SC Caste ??

2. as she and her parents hide the fact and thats why. the marriage with me should be nullified and void as per HMA so what should be the next step I hv to take ??

3. I studies that SMA 1954 having ovveriding effect on all law and dost not permit divorce out side the court even not allow customary divorce so again any chances that customary taken by her is valid ??

4. Now is it fine if I draft a letter with details of filled cases along with copy of FIR as my reply to counsler without attending the given date of her?

5. what are the possible effect if I not attend and send my reply with facts to her??

6.what will be the next action of her after consuler check the copy of FIR shared by me ?? still there are chances that my so called wife can apeal under 125 or 498 against me ??

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 14 April 2018

Point wise reply as per my understanding :

1 If marriage is solemnized as per Special Marriage act 1954, then decree of divorce should be as per section 27 of special marriage act 1954.

2. Assuming you are Hindu and your marriage was solemnized as per Hindu Marriage act 1955, file case in civil court for claiming divorce decree.

3. Customary divorce is not valid.

4. It will be good if you present your version along with evidence in front of counselor, if you have any other engagement then can send it by letter .

5. They will again cal you to attend the counseling session, will be better that you once in all present yourself.

6. You can not speculate, one thing is clear that only truth prevail in law, so you dnt worry.

(Guest)

Originally posted by : Mayank Sharma

If the girl whom you married was already married, did she take divorce from 1st husband through court? If answer is yes. Your marriage to her will be legal. If answer is no. Your marriage to her will be mock marriage which is void ab initio.

After investigation I finally collect certified copy of her marriage certificate which was registered under special marriage act 1954 with a SC Caste boy and the solomnized month was jan 2017 After that me and my family asked her parents that why they hide this fact ? they admit that it was their mistake I have recording of that meeting too After lot of rounds of talk on table finally I decide to file an FIR against them and files that under 420 , 406 ipc and two cases one in under 495, 120(B) and other in under HMA 1955 u/s 11 and 17 (my marriage was solomnized under hindu ritual , we both belongs to son caste)now I received a latter from women help and support center an initiative of police station of girl's living area that she apeal there against me and she want counseling so the counsler want me to present on given date. so my questions are :1. As she earlier married under SMA 1954 but didn't get a decree u/s 27 of SMA 1954 but she having a customary divorce deed and argued that it's valid and registered under registrar.

You cannot register a divorce deed with registrar of marriages. A divorce decree only is valid form of divorce obtained through district family court.

If both the girl and boy are SC or ST, then they need not approach the district family court for divorce. If girl is general and boy is SC or ST they will have to take divorce from court only. That is the only way to get separated.

is it a valid divorce in case she is from son caste but boy belongs to SC Caste ??2. as she and her parents hide the fact and thats why. the marriage with me should be nullified and void as per HMA so what should be the next step I hv to take ??

There is nothing that you can do now after filing all these cases. Your marriage to this girl is void ab initio. That means there does not exist any marriage between you both. Hence nullification of void marriage is not possible.

3. I studies that SMA 1954 having ovveriding effect on all law and dost not permit divorce out side the court even not allow customary divorce so again any chances that customary taken by her is valid ??4. Now is it fine if I draft a letter with details of filled cases along with copy of FIR as my reply to counsler without attending the given date of her?5. what are the possible effect if I not attend and send my reply with facts to her??6.what will be the next action of her after consuler check the copy of FIR shared by me ??

When you are not interested in her, you may simply choose to stay silent and not attend the counselling. Nothing will happen.

still there are chances that my so called wife can apeal under 125 or 498 against me ??

Like you have given various applications to court, even she can. But your marriage to her itself is void, so any cases she files against you will not stand. Only one case which you filed will stand i.e. 495 IPC. Rest all are waste of time.

My advice is simply find some ohter girl and marry. But inform all this to her before you get tied to her.

1 Like

Mayank Sharma 16 April 2018

@Deepak Thanks a lot sir The only thing is this that this case is related to gujrat and in gujrat they consider customary divorce deed as valid one but I dig lot and lot on net but didn't found any such case in which customary is valid ..