Decree of null and void regarding.....
Rajvir
(Querist) 08 December 2013
This query is : Resolved
The lady L is married to person P1(love marriage). The lady L left the person P1 without taking divorce and got married to another person P2(arrange marriage). The first husband P1 started telling to second husband telephonically about their marriage and for evidence he supplied the UPSC call letter indicating P1 as husband of L in the handwriting of L, and the residential record of husband is also indicating the name of L as wife of P1 in the record of P1 residence with signatures of P1. When P2 (second husband of L) wanted to know about the facts from L see and her family members started torturing P2 for filing various false cases against him, even they have threshed the P2 and his family members and started demanding money. And lady L left the company of P2 without his consent. Then after this the P2 has filed the case of declaring their marriage as null and void under section 11 of HMA. Now the question is whether the documents are sufficient for the case to proceed or not? Please reply.....
Raj Kumar Makkad
(Expert) 08 December 2013
Definitely the documents supplied by P1 are sufficient and moreover, P1 can also be called as a witness with all relevant documents showing his marriage with L which was not disclosed by her to P2.
Nadeem Qureshi
(Expert) 09 December 2013
agree with expert, even first husband can file a bigomy case against her
R.K Nanda
(Expert) 09 December 2013
nothing more to add.
Rajendra K Goyal
(Expert) 09 December 2013
Well advised by the experts, file case of bigamy also.
malipeddi jaggarao
(Expert) 10 December 2013
If it is love marriage why P1 did not interfere and stop the second marriage of L? What are the intentions of P1 to inform the P2 about the previous marriage? Whether P1 wish to live with L? In such case the L should come back to P1 if the second marriage is not as per wish.
Regarding your specific query about the sufficiency of documents Expert Shri Rajkumar Makkad's opinion stands. But In what way you are interested in the case filed by P2. You can also file a case of bigomy against L. Whether the second marriage is with the consent of L; whether you wish to live with L at this stage are important factors for deciding your course of action instead of pursuing the matter without particular aim.
T. Kalaiselvan, Advocate
(Expert) 10 December 2013
I think Mr. Mallipeddi Jaggarao shooted some good questions to you which you need to answer, because you have not given the reason of L deserting P1, what is P1's intention behind such drastic action instead of he himself filing a divorce case or bigamy case against her (?)Is he bent upon to avenge her(?)
Rajvir
(Querist) 12 December 2013
Respected Experts,
Thanks for your valuable and quick response to my query. The questions raised by respected Malipeddi jaggarao and then by T. Kalaiselvan, are important, in this connection, I say that if L was willing to live with P2 then why "When P2 (second husband of L) wanted to know about the facts from L see and her family members started torturing P2 for filing various false cases against him, even they have threshed the P2 and his family members and started demanding money. And lady L left the company of P2 without his consent. And after leaving P2 by L, the person P1 stoped telling anything to P2."
Then after filing the case by P2 of passing the decree of Null and Void for the marriage of P2 with L, the lady L filed the false case of Dowry against P2, his elder brother, Jija( Brother-in-law), bhabhi(sister-in-law) and mother of P2 without any reason only on asking about her previous marriage and also even false case of molestation against the elder brother of P2 and Jija (brother-in-law ) of P2 and false case of elicit relations of P2 with his Bhabhi(Sister-in-law). What is the mistake of P2? only this, that he has married that lady L. Why P2 live his entire life in the hell.
Now the situation is that:
1. In the court the UPSC record has been summoned and the record is found true i.e. in the record the lady L has written as wife of P1.
2. The P1's govt. house occupation report has been summoned and record is found true. In his record the lady L is shown as wife.
3. The writing has been matched.
Respected all,Now the questions are:
1. Whether the documents are sufficient for the case ?
2. What should I do if P1 is not ready to come to court and telling truth and P1 also said that in the court I will tell lie i.e. P1 will say in the court that P1 and L have not been married?
3. What actions can be taken against them in the light of above documents?
4. Whether the decree of null and void of marriage can be passed on the basis of above proofs?
Waiting for your valuable suggestions......
malipeddi jaggarao
(Expert) 12 December 2013
Mr.Rajvir. The following is the advice of Expert Shri Rajkumar Makkad:
"Definitely the documents supplied by P1 are sufficient and moreover, P1 can also be called as a witness with all relevant documents showing his marriage with L which was not disclosed by her to P2."
These documents are supporting evidence and P1's evidence with all relevant documents showing their marriage is required to prove that really there is a marriage solumnized between the P1 and L. You are not disclosing till now whether the marriage was solumnized or not. Mere writing the name as wife or husband will not solumnize the marriage to recognize it legally. You have not yet answered my questions. You wish to extract a reply that L is wrong and protect P2. But on what grounds? Unless you to reply my questions any reply to your query is half-baked and will not serve the purpose.
Rajvir
(Querist) 26 December 2013
Respected experts, thanks for your valuable suggestions to me,
Now further suggest me:
1. What should I do if P1 is not ready to come to court and telling truth and P1 also said that in the court I will tell lie i.e. P1 will say in the court that P1 and L have not been married?
2. What actions can be taken against them in the light of above documents?
Waiting for your valuable suggestions......
