Marriage complications
kirtimehta
(Querist) 24 December 2012
This query is : Resolved
Dear sir/mam
My husband was forcefully married in jan,2008.he was drunk that time and no second witness was there in photos.But he dont know how they got registration and certificate in Kanpur(U.P.).he was never presented in front of any registrar or judge.he dont know but he signd some papers and never stay with that girl from this fraud drama marriage(not even a single day).marriage is also never consummated.From the day of marriage they continuously demanding for money.
My husband filed pitition in 2011 for declare it null and void but she nor her family come for hearing in kanpur and finally court pass an ex-party order after 4 summons in march2012.
Now in November 2012 he got married with me it was arrange marriage with all known facts.but that girl and her family has again started blackmailing me,girl,girl family,my family.we have already pay them 2lakh rupees but she continuously threatening to go to high court and to file 498,494,125,24,bigamy and demanding 30lakhs.
Respected sir/mam
please reply with ur comments and suggestions;;;;;;
1::::What is status of my marriage in November 2012.is it valid or not.
2::she blackmailing to go to high court.or restore the case.
3:::if she files case am I liable to pay every expense of her maintainance,travel expenses of taxi,advocate fee,court fee etc……………
4.what is my fault in the eyes of law and what can be punishment for me and my husband.(as she is blackmailing that both of us will go to prisiion for minimum 7years……?)
5.my husband is with me in every situation can we plan for our family kids,wealth,investment. my husband has nothing on his name(parents property) and according to will everything will be on my name after parents.
6.we both side parents have clear understanding and all knows this problem may arise after marriage.she is also blackmailing my parents.
7.any suggestion for the same how to defend and proceed.
thanx
Khaleel Ahmed
(Expert) 24 December 2012
Q.1 Your marriage will be held null and void.
2. Yes Case may be reopen.
3. You need not pay her expenses.
4.You should file a complaint before concerned police against your husband about the fraud .
5.Court will decide the matter till need not worry about these issues.
6. Court will decide the matter who is wrong.
7.You are advised to consult your local lawyer.
ajay sethi
(Expert) 24 December 2012
has the court passed order for divorce in march 2012 . if so then your husband could have married you .
appleal would be barred by limitation . she ahs to file within 90 days . id order passed in March she should have filed appeal by now
you wont go to prison . refuse to pay one penny . let her go to court
R.K Nanda
(Expert) 24 December 2012
contact local lawyer.
kirtimehta
(Querist) 24 December 2012
experts thnx for your valuable comments
we know this situation may arise i dont wnt to see my husband in trouble.he told me everything earlier.we love each other i dont wnt to go against my husband.
ajay sethi sir court paased x-party order on fraud,force marriage(other party not responding) in that my husband also moved an application that girl is trying to ruind my life if marriage stands then take me out from all this whatever procedure is required by honourable court something like this.........................sir her lawyer came today and he was confident and was saying that both of us have to go behind bars for 7 years....
plzzz reply
thanx
ajay sethi
(Expert) 24 December 2012
did court dissolve marriage . without going through order difficult to advise . contact a local lawyer
V R SHROFF
(Expert) 24 December 2012
need to go thru pleading, doc, court order to guide you properly.
Do not pay anything , if blackmails u. inform police.
Sudhir Kumar, Advocate
(Expert) 09 February 2013
How the marriage was registered and how it was conducted is now not relevant as the same has been annulled.
Your husband is sure he did not go to registrant and yet certificate is issued. It is a case of fraud, impersonation or may be many other section. If authorities have connived with fraud it can be case of section 13(1)(d) of PC Act.
It is for your husband to be tough and
registered criminal case against that lady and accomplices. (if your contention is true)
Your questions are attempted as under :-
1::::What is status of my marriage in November 2012.is it valid or not.
Ans : Apparent from your facts, on the day of your marriage his earlier marriage stood dissolved and she had not obtained any stay on the divorce. So your marriage is valid.
2::she blackmailing to go to high court. or restore the case.
Ans : She can provided limitation. Ex-parte decree can be re-open within one months and appeal can be made within three months. If your husband calls the police when they come there will be record and they cannot argue ignorance about divorce case and cannot have ground to argue extension of limitation.
3:::if she files case am I liable to pay every expense of her maintainance, travel expenses of taxi,advocate fee,court fee etc……………
Ans : you are not liable.
4.what is my fault in the eyes of law and what can be punishment for me and my husband.(as she is blackmailing that both of us will go to prisiion for minimum 7years……?)
Ans : You apparently have no fault but why you do not impute the criminal misconduct which you claim to have been done by her.
5.my husband is with me in every situation can we plan for our family kids, wealth, investment. my husband has nothing on his name(parents property) and according to will everything will be on my name after parents.
Ans : yes, she has no stay against the divorce as apparent from your blog.
6.we both side parents have clear understanding and all knows this problem may arise after marriage. she is also blackmailing my parents.
Ans : Not understood what you mean.
7.any suggestion for the same how to defend and proceed.
Ans : File criminal cases against her on the basis of facts given in your description (if true).
