Legal marriage
sasha
(Querist) 30 December 2012
This query is : Resolved
Hi there ,my husband got married in nov 98 nd got divorced in feb99 from his first wife .but actually to take divorce he showed his marriage backdated on 16 nov 97 and took divorce showing years separation which is telling lie to the court.
He then got married to me in jan 2000 but now he has left me nd my two children for last two years .multi litigation is going on .now an FIR has been lodged against him for dowry.bail has been rejected from session now he will b moving to high court.my question r
1)am I his legal wife ,since he has taken his first divorce by mis guiding the court .?
2)am I still entitled for the maintenance for my self nd my two children?
3)can he demand custody of his children ,since he is not giving maintenance?
4) if he goes to high court for bail application ,nd if I show his first divorce papers ,can high court mark an enquiry?
adv. rajeev ( rajoo )
(Expert) 30 December 2012
Whether divorce, which has got misleading the court is challenged by the first wife, if not so still is valid divorce.
You are entittled for the maintenance and so on children.
You wont be party to the high court proceedings.
Devajyoti Barman
(Expert) 30 December 2012
1. Yes, you are . In any case do not highlight this anomaly in the court.
2.Yes , surely.
3.No, very unlikely.
4.What is the need to show his previous divorce. It would be of no good. Show only what atrocities have been done to you.
ajay sethi
(Expert) 30 December 2012
your marriage is valid . he had married you after divorcing his first wife . you are entiled to maintenance if you are not earning . court may award you custody of children . it is not in your interest to challnege his first divorce
K.K.Ganguly
(Expert) 31 December 2012
1) He has already obtained a Decree of Divorce from his earlier marriage before marrying you. So, till the said Decree of Divorce is challenged & set aside, you are his legal wife,
2) Yes, why not?
3)He can ask for but is not likely to get the custody of his minor children,
4) It will not be a wise decision on your part to mention any thing which can create doubt on the validity of his decree of Divorce.
