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Ayesha (abc)     18 August 2014

Compensation after divorce

Hi,

This is an enquiry on behalf of my fried who is married under special maarige act in 2002 9Inter religeon) and got divorce in 2014 under joint creed, where he was asked to pay 10,000/- per month as child's ,maintenance and once a month visitation. 

My friend realised is illegal relationships and activity and faught in the court for 4 yrs. she has 9 yrs old daughter and court has already granted custody to her

This man was just troubling her during the court proceedings and never wanted to get separated for the sake of his prestige as people in his network did not know that she had filed a case. he wanted to safeguard himself by bringing her back. My friend was not keen on compensation just to get rid of is torture.

Now, she came to know that he has already married, before the divorce could happen and his second wife will deliver soon. She told him with the proof. but he denied the facts and said he doesn't want visitation and he will stop paying 10K. 

She wants to teach him a lesson by taking legal action in form of compensation as when she was there with him she had spend enough to run the fly. he did not spend anything for the fly even for the child.

I also know this man he plays around with women. In one word he is a b*st*rd. Though my friend had all the evidences she did not want to open it up in the public, as she was concentartion on her child's future

Pls advise what can she do??

He should be punished with heavy penalty 

Thanks



Learning

 5 Replies

bhavya khanna (self)     18 August 2014

Ayesha;

 

Questions 

What were the reasons for separation .

what Are the facts .

And most importantly evidence ,.

How your friend wants to proceed.

These questions are important ,more over i would strongly recommend your friend to appoint a criminal lawyer .

Well This forumn always welcome queries,feel free to ask  question but try to find answer of above mentioned question.

stanley (Freedom)     18 August 2014

1. whats the exact date of the order passed  .

 

2. If  your friends husband remarried  after the date of the order passed than you cant do anything about it as it is a legal marriage but if he has married prior to the judgement being passed than its a case of Biagmy u/s 494 of IPC for which the punishment would be 3 yrs if proved .your friend has already gone through a court case for 4 yrs do you want her go through another court case for the next five yrs and does she have the time and the resourses to fight the case amid her hair greying .

 

3. As for maintenance of the child he would have to pay it at any cost else you have to file contempt of court .From the above post it seems your friend is a  working women and hence maintenance has not been passed for her .

 

4. Its human tendency to Marry and remarry in life as a human being requires a life partner in life and in case you are unmarried you may as well marry the women ( Your friend ) rather than using vulgarities in your post . Its is only my advise to you .

 

4. I cant understand why you are using vulgar language that he is a "*******" . Normally when a Women is going through this phase in life a lot of Men tend to lend their shoulders for the women's head to rest . 

laxmi kant joshi (instructor)     18 August 2014

Ayesha why are you bothering its your friend case let her come to this forum with complete facts , her husband's act of solemnized second marriage before taking divorce from first wife attracts the criminal offence , is she want and ready to file criminal case against him ?

SURESH KALAGA (secretary)     18 August 2014

Let your friend come with all the details/facts.  She can file criminal case against her husband for second marriage without divorce from your friend i.e. first wife. She can claim maintenance also. He cannot avoid and flee from these consequences. Dont worry.

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT)     19 August 2014

it is a fit case to proceed further,provided that the petitioner could substantiate the facts of the case with corroborative evidence that may available in her favor.


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