regarding second marraige
dec17
(Querist) 07 January 2011
This query is : Resolved
sir i married nri he left away with in22 days by promising he will send visa papers
later lot of harrasemnt in mother in laws house i said many times to my husband in mails regarding harrasemnt he wantedly sent two times visa papers wrong due to this harrasement i along with my parents shifted to hyderabad isaid to my husband and mother in law aslo
by taking advantage of that my husband filed divorce under sec14 with in 8 months of marraige on the grounds that my self left away the house without intimation and consumation of marraige was not done and took expartee divorce
this was not known to me i still waiting to secure my my marraige life and waited that my husabnd will send visa papers i dont know even when he came to india and filed divorce also . after one and a half a year i filed 498a .
recently icame to know that he obtained expartee divorce when i went to old neighbours house by filing condone delay and now main o.p was restored
i cam eto know that my husband married another girl is second marraige valid
in this case and the divorce petition filed on first wife by him will be dismissed also is the second marraige valid
Adv Archana Deshmukh
(Expert) 07 January 2011
In my opinion the second marriage is valid. If your husband have already remarried, why you are wasting your time and life upon such person madam, why don't you try to forget the past and move forward in your life...
adv. rajeev ( rajoo )
(Expert) 07 January 2011
when there is a decree then second marriage is valid. You have to file an appeal against the order.
You can claim the maintenance from him.
I like the advise given by Adv Archana. I do agree with her.
dec17
(Querist) 08 January 2011
sir
the exparee decree what he obtained was cancelled and the petition what he filed for divorce also dismissed
Satyendra Kumar Pandey
(Expert) 08 January 2011
Now in this case the second marriage is void one. Just make an application for maintenance under section 125 Cr.P.C. and Under Section 9 Hindu Marriage Act.
and for humiliating behavior, you may file suit under domestic violence, but the time is over now.
in case you needed more help contact with me on my number 8955652241.
dec17
(Querist) 08 January 2011
once if we file 498a case and domestic vilence can we file restituation for conjual rights
Amit Minocha
(Expert) 09 January 2011
yes you can file rest of conjual rights . DV and 498A are for what has been done to you in past. But if you start living they will be deemed to be condoned as per SC judgement.
Kirti Kar Tripathi
(Expert) 09 January 2011
After reopening of case, you are in better position and you husband is in more trouble. as all the options are open for you. He has to defend himself. More-so when his conduct is also is not clean. In the present no condonation will arise as you have already raised objection by your actions.
Kirti Kar Tripathi
(Expert) 09 January 2011
After reopening of case, you are in better position and you husband is in more trouble. as all the options are open for you. He has to defend himself. More-so when his conduct is also is not clean. In the present no condonation will arise as you have already raised objection by your actions.
