Can i submit husband's second marriage proof in appeal?
Kiran
(Querist) 27 December 2018
This query is : Resolved
Hello Experts,
Please let me know, if husband is in Divorce appeal and in between he performed second marriage illegally.
Then in his Divorce appeal (District court) , can we bring into the notice of the court that he has performed second marriage.
1) Will it be effective if we submit second marriage proof of husband into the Divorce appeal ?
Please advice and suggest if any.
Thank you...
Vijay Raj Mahajan
(Expert) 27 December 2018
How that will make any difference at appeal stage?
First check what you are writing in your question here,the District Court level Family Court is not court of appeal it's the trail court, court of appeal is High Court.
Secondly if the divorce proceedings still going on and husband has gone through a second marriage or has started living with another woman, what you will get out of that, rather it should be an issue to yourself getting out of the marriage by divorce by mutual consent and settle down in life rather running around in courts and indulging in unnecessary litigation.
Apply mind and move ahead in life rather getting misguided by lawyers and people who are least bothered about your welfare.
Kiran
(Querist) 27 December 2018
Thank you... Experts for your valuable advice.
Guest
(Expert) 27 December 2018
Second Marriage with out divorce is illegal. You should make all the efforts to convince the Court about his illegal second marriage with out obtaining divorce in first marriage.If no evidence or proof of 2nd marriage your husband he would be safe since the Supreme court had pronounced Adultery should not be treated as Crime.
Guest
(Expert) 27 December 2018
You have not mentioned about Children of first marriage.. If children are there the father/husband should be taught a lesson. Discuss with good criminal side Advocate and then decide how to proceed
Dr J C Vashista
(Expert) 31 December 2018
How can an appeal be filed and maintainable in "district court" ?
When a decree of divorce has been passed (as presumed from the connotation "appeal") he (husband) is FREE and can re-marry, there is no legal infirmity.
What is the advise of your lawyer, you have engaged for contesting the case(s) for you ?
Why do you need second opinion/ obligation of experts on this platform, except the fact it is available FREE OF COST ?
Have you lost faith in your counsel ? If so, change him/ her immediately.
Kiran
(Querist) 31 December 2018
Respected Experts,
We have a 6 yrs old son.My husband went in appeal against the Degree of Restitution of Conjugal right as well as his dismissed Divorce petition in the District court.
Yes, I got his second illegal marriage registration copy.
Can I submit his second marriage proof into the District court where he went in Restitution & Divorce appeal.
Please advice as I am not getting proper advice from my lawyer.
Thanks in advance.
