Statement variation
aisha
(Querist) 28 April 2012
This query is : Resolved
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .later 3/4 yrs i came to know that my husband had contracted 2nd marrige . I fled a complant in high court in 2002 and my husband denied marrige with me and admitted that he is marriad to othr lady in nov 1996 , in 2004 i moved a complant in dist court u/s 376 and case was registered against him . in 2005 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and refused of any other marriage . He also gave affidavit of that lady in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites. As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 saying that i am hs legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006. In reply to divorce petion my advocate stated that my 1996 marriage was not legal and i got married to him in 2005 ( altough i have signed that but i dont know why he stated so) but when my statement was recorde i correctly said that i got married in 1996 and remarried in 2005. Lator on same pettion was withdrawn by my husband in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . Now i have filed maintenance u/s 125 and bigamy case against him.
Now he has taken stand that i am not his wife since 1996 as she herself i sated so in divorce reply. He is married to the second women only .
Plz advice me if my statement in divorce proceeding dientitle me as legally weded wife.
Is the seesion judge finding that 'i am his leaglly weded wife' no more effective.
plz advice what should i do?
Devajyoti Barman
(Expert) 28 April 2012
If you have proofs of at least marriage of the second time then you are entitled to maintenance both u/s 125 crpc and under PWDV Act.
You made mistake in going for rape case while your marriage was valid one on the first time as well.
M.Sheik Mohammed Ali
(Expert) 28 April 2012
yes, you can get maintenance from him.
where are you from ?
ajay sethi
(Expert) 28 April 2012
you are legally wedded wife . i would suggest you contact lawyer and file application under Dv act for right to maintenace, right to stay in shared household . and for comepnsation
SAINATH DEVALLA
(Expert) 28 April 2012
Dear Querist,
After facing so much of mental agony and torture,how did you belive him the second time.You are entiled for maintenance.
Shonee Kapoor
(Expert) 04 May 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
