DV ACT
Sanju
(Querist) 04 November 2010
This query is : Resolved
My brother filed divorce case in 2000 and got divorced in 2007.His wife filed an appeal against lower court judgement.The appeal case was admitted and the stay for his remarriage was awarded.The appeal case may take around 6-7 years and he cannot marry again.In the meantime,he is involved with a legally divorced female and both have agreed to stay together after performing unregistered marriage without any proof.His first wife is staying in her parents home since 2000 along with their son and he has been sending them the maintainence vide registered dd at her parents house.Now my question is can the first wife walk into my brothers house at any stage under DV or any other such law or can she create any legal trouble for my brother once he starts living with the other female.If a child is born,can my brother be in a legal mess?..can the second female,at any stage,create problems for my brother even in absence of any proof of the marriage?please advice.
R.Ramachandran
(Expert) 04 November 2010
Even if the first wife visits the premises of your brother and sees the other lady she cannot do anything, so long as your brother has not married that second lady. However, the second lady can create a whole lot of problem for your brother if anything goes wrong - (1) she can file a case stating that your brother did not reveal that he is already married (2) he has had physical relationship with her with the promise of marriage. The situation would be still worse if your brother begets a child through the second lady.
Sanju
(Querist) 04 November 2010
Thanks for the reply Mr Ramachandran.My mother is also staying with my brother.In fact,this second female,is my mother's friends daughter.Even we had this apprehension about this lady putting false allegations on my brother.So is there any way we can have any document/statement written from her where she mentions that she's staying in the house of her aunt and looking after her and that she know about her son separeted etc etc...something like this just to make sure that any stage,if things do not work,my brother still is not in a trouble from this second lady.
Raj Kumar Makkad
(Expert) 04 November 2010
I do agree with Ramachandran and further add that first means only wife (second is not a legally wedded wife so she cannot be termed as such) can also create various problems for your brother viz. she may file a criminal complaint under section 498A against harassment an humiliation as keeping second lady by a married person can definitely cause mental harassment to his wedded wife. She may enter the house of your wife and can seek residential orders also from court under DV Act and so on. It is better to make compromise with such lady rather to entangling with her in the proper court of law.
Guest
(Expert) 04 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
1 KINDLY NOTE THAT APPEAL IS CONTINUATION OF LOWER COURT MATTER.
2.STAY IS GRANTED BY HC TO THE LOWER COURT JUDGEMENT.
3.IT IS ADVISABLE TO EXPEDIATE THE HIGH COURT MATTER AND FINISH THE SAME AT AN EARLY DATE.AS SEVERAL YEARS THE COUPLE IS STAYING SEPERATELY.THERE ARE SOME NEW LAW PROVISIONS WHICH CAN BE CITED.PLEASE NOTE.
4 AS PER SEC.494 OF I.P.C. POLICE CAN TAKE ACTION AGAINST THE PERSON MARRYING AGAIN WHEN HE IS ALREADY MARRIED.AND THE FIRST WIFE MAY FILE COMPLAINT AGAINST EVEN RELATIVES INCLUDING PARENTS,BROTHERS AND SISTERS AND THEIR SPOUCE. AND FRIENDS OF SUCH PERSON AND FALSELY IMPLICATE THEM IN SUCH CASE JUST TO TAKE REVENGE.SO BE CAREFUL AND SUCH PERSONS CAN APPLY FOR ANTICIPATORY BAIL IF APPREHENSION OF ARREST IS THERE.
5.I HAVE HANDLED SEVERAL SUCH CASES PERSONALY .SO BE CAREFUL AND RESTRAIN FROM SECOND MARRIAGE OF THE SAID PERSON AS IT IS NOT PERMISSIBLE UNDER HINDU MARRIAGE ACT. AND COMPLAINT CAN BE FILED UNDER I.P.C.SEC.494 AND OTHER PROVISIONS OF LAW.PLEASE NOTE.
6 KINDLY NOTE THAT THESE ARE THE FACTS AND LAW PROVISIONS FOR YOUR INFORMATION.DO NOT GET FRIGHTNED.THERE IS A REMEDY FOR THIS OF TAKING ANTICIPATORY BAIL IN CASE OF FILING COMPLAINT UNDER SEC.494 I.P.C.
YOU MAY WRITE OR CALL OR SMS AND SEND DETAILS WILL HELP YOU.
GOOD LUCK.
WITH BEST REGARDS TO ALL.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Sanju
(Querist) 04 November 2010
Mr Sawant,thanks for the reply.In absence of any proof,how can first wife file sec 494.The marriage would be without any proof or documentary evidence.
R.Ramachandran
(Expert) 04 November 2010
No person ever in the normal course writes such things and gives. Even if she gives, then also she can plead that she was made to write such things by force, undue influence, coercion, threat etc. So all these things will not help you. By doing all these things, your brother is only adding up to his difficulties.
Khaleel Ahmed
(Expert) 04 November 2010
I agree with Mr. Nand Kumar.
s.subramanian
(Expert) 04 November 2010
I agree with Mr.Ramachandran.
Arun Kumar Bhagat
(Expert) 05 November 2010
Your brother can live with the new lady protecting himself and his family members from all complications enumerated by earlier experts. Your brother will have to tread very cautiously without putting anything in black and white so that the same cannot be used in evidence against him. Anyway the society has beacme more liberal after DV Act where live in realtionship has been legally recognised.
Sanju
(Querist) 06 November 2010
Thanks a lot Mr Bhagat for the advice...
Sanju
(Querist) 06 November 2010
But we are more concerned about:
1.can the first wife,thro' court or otherwise come to his house to stay after she knows about my brother staying with the other lady &
2.if a child is born out of the second marriage,how does it affect his ongoing case and whether it would have adverse effect on his case.Can having child out of his second marriage/arrangement proves the lady to be his wife.We are worried that he may not land himself in any sorts of problem..please advice
