Dv case in trial and session court
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
Dear sir/ Madam,
In the matter of DV case
1- if the validity of the marriage is doubtful we want to disclose the fact in the matter of DV case.
wife was married earlier and married 2nd time without divorce from first as first marrige with the second.
two witness are present of her first marriage which are related to her family.
property belongs to the family is due settlement from the first marriage. wife is still connected with the first husband.
matter of first marriage is confirm and divorce not taken by wife from the first.
In such a matter how we can proceed for the demand of documents and transactions of the property.
we dont have any documentary evidence but matter is confirm.
Does it make any effect in DV case or if we file Divorce petition.
we have no idea about all this meaning and conditions. my son told all this when matter reached in the court. it is first time in my life to see and observe such things.
he was living without wife from past two years alone in his home and we were completely ignorant about his life and wife.
can we talked about this matter with our counsel? he is handling DV case.
.. Is there is any use of raising such points in DV case?
Does it make any sense whether first/ second marriage in DV case?
Can we file any petition in court to reveal the facts?
In my age of 68 first time went to court,
thank you i
Arun Kumar Bhagat
(Expert) 04 October 2011
Your query is not clear. You can raise point of earlier marriage subsisting and connection of the wife with her ex-husband. Court may draw presumption that ex-husband still maintains the wife.
R.Ramachandran
(Expert) 04 October 2011
If you are so sure about her subsisting first marriage, then apart from disclosing the same in the DV case, your son should file a case against her for contracting the second marriage while the first marriage subsists. She will be in the dock. Without filing a separate case, simply putting these facts in the DV case alone will be of no help and use.
Shonee Kapoor
(Expert) 04 October 2011
Dear Sir,
The factum of first marriage has to be proved, mere allegation or suspicion is not enough.
However, if first marriage is proved, the second marriage would be void ab-initio and no liability accrue to you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 04 October 2011
You need to prove only that wife was married earlier and married 2nd time without divorce. On prove of this all problems would be sort out automatically.
Sankaranarayanan
(Expert) 04 October 2011
yes i too agreed with all expert's view, If the first marriage is not to prove then the second is valid.
All are purely behind the evidence and documents
ajay sethi
(Expert) 04 October 2011
you need to verify facts . if you are not sure hire a detective agency obtain some evidence then proceed .
prabhakar singh
(Expert) 04 October 2011
good practical input by Mr. ajay sethi.Other wise law is law no two opinion can be on an issue of bigamy,in case of proof of former,the later is void.
Raj Kumar Makkad
(Expert) 04 October 2011
Nothing to add in the already expressed views of experts.
