Stay in interim maintenence
jagjit
(Querist) 18 September 2015
This query is : Resolved
SIR, IT IS MY AND MY WIFE'S SECOND MARRIAGE. SHE DESERTED AND FILED DOWRY HARASSMENT AND MAINTENANCE ALLOWANCE CASE U/S 125 CRPC. INTERIM MAINTENANCE AS FIXED SINCE LAST YEAR AND PROCEEDING IS GOING ON. RECENTLY I HAVE COME TO KNOW THAT SHE HAS NOT TAKEN DIVORCE FROM HER PREVIOUS HUSBAND. CAN I FILE APPLICATION BEFORE THE FAMILY COURT TO DISMISS THE CASE AND STOP THE INTERIM MAINTENANCE OR NOT.KINDLY GUIDE ME.
SAINATH DEVALLA
(Expert) 18 September 2015
CAN U PROVE IN THE COURT THAT SHE HAS NOT OBTAINED DIVORCE OF HER EARLIER MARRIAGE:
Here its not only the question of second marriage during the lifetime of the existing spouse which is illegal & punishable offence but otherwise too if one say he or she is least bothered about the legality of this issue, the very fact the second marriage will not give this person the status of a wife in the eye of law. The very fact the second marriage will be keeping a sword hanging over her head for getting punished for the offence of bigamy by imprisonment & fine will always be there. The society will also not recognize such marriage & such person will not get the due respect he or she deserve after this second marriage unless it is done in a legal manner which is by dissolving the first marriage by decree of divorce & then marrying the second time. Socially the status of a lady who during her subsisting first marriage if enters in second marriage will be that of a keep & not a wife which she accepts & deserves. It also amounts to suppression of material facts.
U CAN FILE AN APPLICATION BUT U WILL ALSO HAVE TO PROVE THAT SHE HAS NOT DIVORCED HER FIRST HUSBAND.
Rajendra K Goyal
(Expert) 18 September 2015
Gather proofs of marrying with you without divorce from first husband, lodge complaint of bigamy and stoppage of maintenance.
jagjit
(Querist) 18 September 2015
thanks experts.
jagjit
(Querist) 18 September 2015
i am inperson in my maintenence case , i want to file 340 read with other ipc.
SAINATH DEVALLA
(Expert) 18 September 2015
If U want to prove her bigamy and avoid maintenance,U will have to engage the services of a lawyer,which could be useful.
340 not the right time.
