Status of second marriage of husband
anki
(Querist) 29 April 2013
This query is : Resolved
My husband got Ex-parte divorce in dec 2009
facts of the case.
1. we live in same locality.
2. we had love marriage on 26 oct 2006
3. As my parents are not aware about my marriage I join him at my matrimonial home om 26 April 2007
4.he is jain & I am Gujrathi vaniya.
5. In Dec 2007 his parents separated us.
6. 18 April 2008 he went to his parents house and ask me to went to my parents house by giving reason that he will convince his parents to accept her as their daughter in law.
7.on 18 may 2008 he called join meeting at his house when i reach with my parents at his matrimonial home they shutdown door on my face and abuse us in filthy language. on same day i file NC complaint against him. when he came to know about my NC he filed counter NC complaint against me & my parents.
8. On 20 May 2008 he filed divorce complaint on ground of cruelty.
9. Meanwhile we meet each other on daily basis till March 2010.
10. some about on may 2009 one person came to my home who told me that he came from court & gives me some papers & inform me that there is court case .
11 when i ask to my husband about the papers he told me that his father i.e my father in law send hirelings to just threaten me he had not filed any proceeding against me in any court on same day when we meet he tore the papers. so i cant cross verify the same papers.
12. on 23 dec 2009 EX-parte divorce decree was passed against me.
13. on 9 feb 2010 i got Order by post
14. On 3March 2010 I filed application for set aside Ex parte divorce order.
15. On 25 March 2010 I informed to my husband that i filed the proceeding against him in this conversation he told me that he will not appear on first date. All this conversation is recorded on cell phone.
16. He got summance on 05 May 2010. He came to court & submits that he got married on 01 May 2010. and same was registered on 19 May 2010.
17. My application was rejected on under section 123 of limitation act.
18. I filed an appeal in High court in Dec 2010.
19. same was admitted on 3 March 2011
20. On March 2012 High Court allow my application and divorce petition filed by my husband is restore from the stage of my written statement. for his second marriage Judges refers Lila Guptas case. & also told that second marriage of my husband is not bounding on me and I can file application regarding his application
what is status of his second marriage of my husband.
and what legal action may take against my husband & his second wife
ajay sethi
(Expert) 29 April 2013
as on date you are his legally wedded wife . make an application for maintenance , right to stay in shared household . you are in driver seat .agree for divorce but on your terms .
you have not mentioned whether your husband has filed any appeal aginst the HC order or the grounds on which HC has set aside decree of divorce
Section 15 of the Act permits the parties to remarry after a decree of divorce is passed and the period of appeal has expired or the appeal having been presented the same has been dismissed. Section 15 of the Act reads as under :
"15. When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree, or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again."
ajay sethi
(Expert) 29 April 2013
judgment of Hon'ble Supreme Court in the case of Parimal vs. Veena @ Bharti reported as 2011 (2) RCR (Civil) 155, counsel for the respondent contended that in view of re- marriage of the husband and birth of a child from the second marriage, ex- parte decree of divorce should not be set aside.
Devajyoti Barman
(Expert) 29 April 2013
After the setting aside of ex parte decree, the second marriage of your husband has become invalid.
Now concentrate in your case.
Raj Kumar Makkad
(Expert) 30 April 2013
This is your repeated query whereas the earlier has already been resolved very well.
Guest
(Expert) 10 December 2014
Well advised by Experts
Anirudh
(Expert) 10 December 2014
AN YEAR OLD QUERY.
THIS SORT OF GIMMICS WILL NOT WASH AWAY YOUR FALSE AND FRADULENT PROFILE.
THE NEW RIP WAN WINKLE HAS WOKEN UP!
THIS GOOD FOR NOTHING FELLOW IS TRYING TO RIDE ON THE EXPERTISE OF OTHER EXPERTS THAT TOO AFTER AN YEAR!
DESPERATION IS SHOWING ON THIS FELLOW.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
