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Page no : 2

Anand   02 November 2016

@ Mr. Kumar doab, Mr.Anil.... thank you for so much pain in writing to me. I am a blind and a government teacher. I do not own many properties.. I just own a small house and that's it. Are those registered divorce papers valid in any little possible way ?

(Guest)
Sir, if you are blind, who is helping you with all this writing?/ if I may ask. The registered divorce papers can be used for wiping hands and don't serve bigger purpose than that. Divorce can be gotten only by way of applying via MCD 13b under HMA 1956 as ur Hindu if other party also gives consent. If not one needs to Go for contested divorce. Right now. MCD is best option. But I still wonder, why this sudden outrage by biwi no.1?

anil   02 November 2016

only court certified divorce is valid for Hindu, there is no if n but or else, so whatever you said is not going to help , again "Only Divorce given by Indian Court is valid with certified copy in your hand ,all other stuffs do not have meaning in terms of Law"

For your case there are number of other options available , do not panic and worry, go to local lawyer he may help you.  even if not able to help , dragging of case and other stuffs always available , if any case filed on you then first try to get bail, most probabliy bail is going to denied if other person is having proof so check any good lawyer and also discuss with few friends who can help in bail bond , i think Rs 20000 + one person is required at the time of bail apart from lawyer fee and other expencese .

According to law you have done mistake and braked the law.

But according to life and situation you have done what was required at that time to live happy, your first wife if signed that doc then she is also guilty , you can fight on that, but quitions arises wheter you prepared that doc today or it is really prepared at that time. so you can face another case of forgery . 

At last better avoid all issues and settle it with person who is creating problem , give some money at last they are also your kid and ex wife , 

I think issue is with EGO , nothing else so better to go for mediation with common person and settle down 

 

Kumar Doab (FIN)     02 November 2016

 

>>> Is there any custom in your community that allows 2nd marriage?

Has this custom been accepted by courts of law?

 

Even If yes and even if NO:

 

"Indian courts recognize custom as law only if the custom is “ancient or immemorial” in origin; “reasonable in nature and continuous in use”, and “certain”. Courts interpret “ancient or immemorial" to mean that for a custom to be binding. it “must derive its force from the fact that by long usage it has obtained force of law”"

 

 

You may go thru the following and pick up relevant points:

 

https://www.lawyersclubindia.com/articles/After-the-year-1956-succession-amongst-Hindus-shall-be-governed-by-the-Hindu-Succession-Act-7459.asp

 

 

 

>>> You are a government teacher. 

As per service rules this is misconduct.

You can be suspended, tried and dismissed.

 

It is also offence.

 

You may go thru the following and pick up relevant points:

 

https://www.lawyersclubindia.com/articles/If-employee-is-acquitted-of-the-charge-in-the-criminal-proceeding-then-departmental-proceeding-on-self-same-charges-should-be-dropped-7606.asp

 

 

>>> Property: 

Self Acquired Property : NO one has forced share in it. You can dispose it in your life time in anyone's favor by a valid deed say: WILL,Gift,Sale etc .

 

Ancestral Property: Wife ( legally wedded) is not coparcener in ancestral property.

Children ( fathered from legal , illegal marriage/relation) are coparcener in ancestral property.

 

 >>> Children are not illegitimate.

 

Remember the famous N.D.Tiwari case.

 

 

>>> You have recived a caution/warning/threat.

Approach your counsel specializing in family matters ASAP.

 

Prepare your defense.

 

Even if some talks are going on.

 

Approach your counsel specializing in family matters ASAP.

 

1 Like

(Guest)
Its really hard to advice you any more. Its almost checkmate. You are caught. Retirement benefits. Departmental enquiry. Four ninety four. Four ninety seven. Four not five. One twenty five crpc. Dv. Keep vigil of yourself.

Kumar Doab (FIN)     03 November 2016

While you are in employment; defend your employment.

If your source of livelihood is intact then  you can maintain 2 wives and all children born thru their womb and fathered by you and manage all expenses, as usual................................... and new expenses that you may have to incur now including but not limited to; legalities,litigation(s)...............

 

While in employment you need to mind that you need to get acquitted if either of the wives,children, employer decide to proceed against you.

 

Hope you have the evidence of making monthly payments to 1st and legally wedded wife/children.........................2nd wife/children.

Does registrar of marriages register divorce?

 

Whatever it is, preferably by RTI obtain  certified copies of docs signed by 1st and legally wedded wife and entries in register of registrar. 

 

 

 

 

 

 

1 Like

Kumar Doab (FIN)     03 November 2016

You may go thru the following and pick up relevant points:

 

https://www.lawyersclubindia.com/articles/Apex-Court-Currency-of-a-suspension-order-should-not-extend-beyond-three-months-7623.asp

 

Close the matter this time by a valid and recognised manner..........................................from court of law.

 

Retire peacefully.

 

Get your retiral benefits. Withdraw and close the a/c.

 

Get your pension in separate pension a/c.

Don't keep any other fund in pension a/c.

 

 

 

 

Anand   03 November 2016

my blindness is due to retinitis pigmentosa. no wife's name is registered in my service register. i gave my second wife's name to all government departments except for APGLI because i nominated it in 1992 the year in which i divorced. my first wife doesn't have the proofs of marriage except a wedding card. She has photos, but my face is cut off in them. 

 

@ Gyan Darshan: Technology has developed. even blinds can do anything. I think people like you do not know. i asked for help. if you cannot suggesst me any any way, better do not try to bring my confidence down. I have not done any bad for anyone never thought to. even after leaving her, i said her that i would educate the children and she denied. 

Kumar Doab (FIN)     03 November 2016

Look into def. of Family in service rules.

Choose relations mentioned under family in service rules.

Close the dispute.

anil   03 November 2016

please see below for your reference

1. only court can give divorce to hindu ( i think u is hindu ) , if divorce is not granted by Indian court, then you are not divorcee. 

2. second marriage done , in case first legally wedded wife is present in this heaven then its crime.

3.since its long back , as i said just chill do not worry much. i think your age may be 50+ so only u taking tension for you. no one can do anything except first-second wife , not even your kids because if mea biwi razi kya karega kaazi.

4.if first or second wife going to court then also chill as at that time 1990's there was technical challenges so get proof is very difficult for both, from now onwards never talk or dicuss it over phone , in Family court call details and recording is valid without any further proof, Indian evidence Act is not having much releavnce as per my understanding, it depends on judge how he/she takes proof in terms of law and situation.

 

1 Like

Anand   03 November 2016

sir, there is now an enquiry in my department on me regarding this issue. what should i answer them to get rid of these problems? Yes i am a hindu. i have no problem with my second wife and our kids. 

Kumar Doab (FIN)     03 November 2016

It was deemed to happen.

I was surprised why you have not posted about it so far!

Approach a very able counsel specializing in Labor/Service matters also, and arrange for a very able 'Defense Assistant' to defend you in inquiry.

Would your 2nd wife and children depose and state under oath that they are not your wife/offsprings?

 

Assuming that they shall state so; what would be the action and reaction of your 1st wife and children?

 

What would be the report of IO in Dept. Inquiry, criminal complaint(s)?

 

I have posted sufficient for you to go thru.

You could have resolved the matter at the first instance.

 

Approach a very able counsel specializing in Family, and Labor/Service matters also, ASAP.

 

 

 

 

 

 

 


(Guest)
Originally posted by : Anand
my blindness is due to retinitis pigmentosa. no wife's name is registered in my service register. i gave my second wife's name to all government departments except for APGLI because i nominated it in 1992 the year in which i divorced. my first wife doesn't have the proofs of marriage except a wedding card. She has photos, but my face is cut off in them. 

 

@ Gyan Darshan: Technology has developed. even blinds can do anything. I think people like you do not know. i asked for help. if you cannot suggesst me any any way, better do not try to bring my confidence down. I have not done any bad for anyone never thought to. even after leaving her, i said her that i would educate the children and she denied. 

Yes, its quite evident now that blinds can do anything, remarrying without legally getting divorced. I hope real blinds don't take any offence by this statement of mine. Apologies. All way long even after giving you the best advice you still are not showing any gratitude nor courteous behaviour. The problem lies here, you have that free ka maal laude ke baal attitude. That's the reason why you are facing the problem in your life. Remember kids from wife no 1 are older than that of kids from wife no. 2. Its really a shame that people n fellow members are trying to save you from being punished even after knowing your sick attitude. You are not just physically blind. Blindness is there in your I don't care a damn attitude after grossly commuting bigamy and adultery. Have gratitude towards the one that help you. Forget technology, Try to see that first. With a background like this I can hardly guess what you might have taught in school. I guess you have fooled many a ppl all way long with your physical blindness. Never make physical handicap a shield to get sympathy votes. You have erred and you should be punished as per Law. For other things you always have advocate at your disposal locally. All the best. Change your attitude first Anand. Don't know how (Anand) happy ur to see this reply.

Kumar Doab (FIN)     03 November 2016

Subsequent to last post of Mr. Gyan Prakash,

The thread may deemed as closed and resolved.

Nothing more to post.

 

 

Anand   03 November 2016

if you feel you have helped me in any little posible way... my gratitudes to you sir...

everyone who reads our posts shall know whose attitude has to be changed.. no offence.. thanks..


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