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ramesh   04 May 2015

Complecated divorce case

Hi, I got married with 2nd wife (love marriage against her family) in Dec 2013 and after staying with me 10 days at Ahmedabad, her parents took her back to Mumbai (her native home) and never let us communicate then after and washed away her mind against me, claiming I'm not legally divorced with my 1st wife and cheated 2nd wife. Now the fact is : I got married with 1st wife on May 2009 and got divorced with her in May 2010 by customary divorce (which is prevalent in my cast Lohana, Hindu ) and registered the same on Rs 100 notary paper at sub registrar office. Never went to court for divorce as we didn't know the procedure. She got 2nd time married in Feb 2011 and settled in life having 3 month old baby now. Now I did love marriage with girl based in Mumbai and she ran away from her family to Ahmedabad with me and got married by Hindu customs & registered it. She stayed with me for 10 days and we spent almost Rs 3.5 lac for her jewellery / clothes etc. Meanwhile her auntie came to our home at Ahmedabad to meet us and took her back pretending to send her back within a week which never happened. Gradually they stopped our communication and filed for "void of marriage" after 1 yr in 2014 at family court @ Ahmedabad on the ground that I do not have divorce certificate from 1st wife. Now I came to know that I should have opted for court decree with 1st wife while getting divorced with her. Things in favor of me : * I have filed for "declaration of divorce" under section 7B with first wife @ Ahmedabad family court and prayed to court to give us divorce certificate as we got divorced in 2010 by customary way and registered the same at sub registrar office and now we both are 2nd time married to other parties. Also prayed to give us divorce from effect of May 2010 so that 2nd marriage is valid in our both cases. Hearing is pending. * When I got married with 2nd wife, I'd mentioned that I'm divorced and ticked "divorced" box in the form submitting for registration of marriage. Also produced divorce deed, so my intention was not to cheat anyone, but lack of knowledge to opt for divorce decree from court. * I have bills of Rs 3.5 lac I spent for 2nd wife while she stayed at my home @ Ahmedabad. They have alleged me that I got married with 2nd wife because of her money, and so many same typical non-sense allegations that girl's family is used to do now a days. Please help me what should I do now ? My intention is to get back my 2nd wife back legally. Regards, XYZ Greetings



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 3 Replies

saravanan s (legal advisor)     04 May 2015

only divorce thats got through a court is legally valid.you have unknowingly committed the offence of bigamy and also the marriage that happened post divorce (as believed) is also void.in fact your first wife remarriage is also not valid and she had also committed bigamy

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 May 2015

Sir,, Ignorance of law is no excuse, but since its a mistake on the part of your lawyer who has helped you divorce the way you did in the first one,talk to your second wife and settle the matter ambically ... Warm Regards Kapil Chandna Adv 9899011450

ramesh   05 May 2015

Well, I know I have committed bi-gamy unknowingly. However

1) My intention is not to disturb my first wife, atleast let her live peaceful life.

2) My intention is not to file suit against sub-registrar / notary through whom I got divorce Rs 100 stamp paper by customary way.

3) My intention is to prove that I have not committed any offence, because at the time of getting married with 2nd wife, I have ticked off "divorce" box as well as produced divorce deed from sub-registrar ( also acknowledged her many time that I do not have divorce decree from court just like she has one, but obviously now those verbal communications have stand point of proof )

4) In order to prove my innocence, I and my first wife have filed for "declaration of divorce" under section 7B praying court to give us divorce certificate mentioning divorce is in effect from previous date ( ie, May 2010 ), so as two marriage lives, that of Mine and first wife can be saved as first wife has 3 month old baby too. This petition is under hearing.

5) My question is: What are the chances of getting divorce decree with first wife, if we both are requesting court strongly to give and that too also effective from previous date ?

    Because as per my understanding, courts are interested to let family live happily instead of biding them in complex rules and break marriage lives ?

 

Regards,

xyz


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