about dv and interim order and conjugal rIGHTS
Querist :
Anonymous
(Querist) 26 March 2010
This query is : Resolved
Description : I am Abhay Dolare from Nagpur working as Medical
> Representative in private company since last 2 yrs .I had met one girl in
> a train journey in the month of august 2008.Since we knew both each other
> and our relation changed into friendship and subsequently in love .I am
> living at nagpur for my job and she was properly from Tumsar district
> Bhandara Maharashtra. Since we were in love we were always in contact with
> each other. Almost talk on phone and many times she used to come down to
> nagpur to meet me. Whenever she used to come to Nagpur we both spend day
> together and in the evening I used to escort her to railway station and
> from their she used to go home.
> Many times she used to insist me to get married as early as possible
> . It was my contentions that since she is still doing her graduation
> degree therefore there is no hurry marriage can be performed even
> after her graduation . I needed time to arrange money for our
> marriage .Our relation was going very smoothly and happily.
> In the month of October 2008 she informed me that she was
> required to go to nashik for 20-25 days to her relatives as her
> mother and one of her cosine sister are going for some urgent
> work . At the relevant time she assured that she will be in
> contact with me on phone. Whenever I was contacted her by phone I
> was charged with STD charges . When I asked her about this she
> was explained that since she at village near to Gujrat border
> therefore may be possible at the relevant time I did not paid
> much attention to the contention of her . One day I called her ,
> her mobile was shown not reachable and I heard the voice of
> operator in Gujrati language . later on when I was able to
> contact her , she had informed that they were in Daman . At the
> relevant time she had also informed that she has purchased some
> gift article for me.
> After coming from the nasik she starting insisting we should get
> married , when I tried to advice her she was annoyed and did not
> contact me for three days since we both are in love this torture
> of her caused great hardship to me, and as consequences this I
> get ready to marry with her . when I asked her that I will have
> to talk with my parents for marriage She informed that in their
> religion inter cast marriage is not permitted therefore her
> mother will never consent for our marriage therefore their is no
> need to meet her Believing on the words of her i did not
> approach her mother , without informing any we got married as
> per hindu religious rites in radha krishna mandir nagpur on
> 15/02/09 . thereafter the marriage we register our marriage with
> registrar of marriage on 26/02/09. After solemnization of
> marriage we both resided and co-habitated together at nagpur .
> Till 09th april 2009 we resided happily and peacefully on 09th
> april 2009 her mother had called her and invited her to her home
> town at tumsar . Since her mother called her first time therefor
> we both were so exited . After few minute again her mother
> called her and gave some information after listening to it she
> was very much depressed and tensed. When I enquired her she told
> that her mother had told her had asked her to come alone . Then
> I replied that there is no problem because I was unable to go
> with her because I had a job work at amrawati . i was unable to
> understand as to why she was upset.
> Next day i.e. 10th april 2009 I accompanied her to railway
> station to see off her along with one of my friend. When we
> were sitting the general compartment two person came and
> directly started talking to her .one of the person of theme
> asked her as to where she is going . seeing this I objected
> and tried to enquire as to who those person are and why
> they are talking to my wife that. at the relevant time one
> of the person whose name was sajjan prasad gupta informed
> me that she is his wife and they were married on 5th nov
> 2008 in gujrat and also given the marriage registration
> certificate of gujrat . that was great shock to me. When I
> asked to her regarding this she had also confirmed me the
> same fact . after hearing this from her I lost my all hopes
> from life and was terribly hurt and depressed.
> after few days she came back and again started residing
> with me When I asked the reason for cheating me she
> arrogantly argued with me and threatened me if I tries to
> divorced her she will commit suicide and will also make
> false police complaint against me and since she is
> belonging to schedule tribe community the atrocities
> charged upon me When I requested to her that as she is
> already married she should leave me and go to her 1st
> husband . she was threatened me that she will not leave
> me. will reside with me for life. In the mean time the 1st
> husband of her was also calling and threatening me to
> leave her face dire consequences . Action of her and her
> 1st husband has caused a mental and physical harassment to
> me . Since 2nd Marriage in existence of 1st marriage is
> null and void and is illegal . However she has caused a
> great hardship by suppressing the fact from me therefore I
> approaching before this hon'ble court of you for
> cancellation of marriage dated 15/02/09 by declaring the
> same as null and void and also grant injunction thereby
> directing she to do not interfere in my life .
> As I am having lots of hope from your side for right judgment and
> guidance what i have to do ?
>
>
> During this in the month of june 09 she get pregnant and
> by mutually she get abortion because she was doing her graduation. After few days when she was gone to her mothers
> home for two days I leave her and shifted other
> place . And now I have filed case in family court to
> null and void our marriage and also attached all documented proof of her first marriage i.e her first marriage certificate along with memorandom of application for register of first marriage xerox copy also i have got her pan card no which is in the name of her first husband and she filed case domestic
> violence in jmfc against me which is false . And her
> first husband demanding money to come as witness in
> court . during time I went personally to gujrat and
> bring original registration certificate of her first
> marriage and xerox copy of notarised documents which
> filed for registration of her first marriage also. But
> now jmfc court have ordered interim maintenance of 2000
> rs without seen my income and investigating the evidence and fact
> which i have filed in case . Now I appeal in session
> court for the stay order of interim maintenance . so
> please let me know what will happen final order in jmfc
> and session court and suggest me right direction for the
> case .and also she has filed case of conjugal rights and restitution for harass me . so please suggest me what will happen in all these cases and how long all the cases will take.
>
Devajyoti Barman
(Expert) 02 November 2010
The final order in the maintenance cases depend on the merit of trial. the outcome of the rcr case has no bearing on the maintenance case. The cases do take some time for disposal which differ from state to state.
