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Reema (Doctor)     27 July 2012

Legal course of action

I wish to give my clear picture here to seek right advice. I was married to a person in 2004(Gujrat) and left his home within 2 months of marriage ( he found me infertile and  few years older to him in age) and both of us agreed to end the relationship within 8 months of marriage and the  agreement of divorce  and financial transaction (taking ornaments and cash from him) was  done on the stamp paper of Rs 100/  and notarized the agreement in Gujarat where I was married. We preferred not to move court and obtain decree of divorce through as it was time consuming and we had another boy already waiting to get married. Immediately within a week, I married to another person in a Sikh temple by offering ardas( may be Anand marriage) in presence of my and his relatives .This marriage was not performed by Hindu rituals or taking seven rounds by holy fire( sapatpadi). This person had a decree of divorce from his previous marriage dissolved. Later we obtained a marriage certificate signed by us and my sister and matchmaker as the two witnesses from Collectorate office where I showed myself unmarried and he as divorced from our previous marriages.

 I lived with the second husband for about seven years but he was not happy with me and he always wanted to end the relationship and he wanted a child and I tried IVF also but could not conceive. I am ready for procuring surrogacy for him  with his sperms which I kept promising but our relationship has always been at stake, so couldnot. He has now deserted me for about a year following an incident of a flair up and heated discussion between us,  my elder brother and him and my brother scolded him. We went to the court for notarized divorce on mutual consent but later I declined to sign the notarized divorce agreement on the plea that he had my ornaments in his locker and asked him to return it before ending the relationship. I am living alone now separately. My parental family has two brothers and are very rich (millionaires) and influential and can do anything for me. We are pressurizing him socially as I wish him to return but all the talks have failed. Either I want to live with him or want him to return jewellery which he is also willing to give back till he gets clearance.
 However, nothing was in  joint names ,  I kept my financial set up separate but spent money in home expenses such as groceries , vegetables and  maidservants’  monthly payments  during last 3 yrs. He has also been paying house rent, home loans, incidental expenses, house expenses 2-3 thousand in a week and his personal expenses petrol, mobile , internet, guest,  hotelling , outing  etc. I was bearing my own expenses petrol, mobile, clinic rent  etc.
He has not taken any course of action so far. But I am apprehensive about
--what legal course of action he can take against me and my parental family?  Will he be able to take divorce if I do not wish to leave him? Can he take divorce on grounds of cruelty (which he alleges during talks).
--Can I avail remedies under RCR or DVA or seeking maintenance or lump sum money as recompensation.
- Shall I be able to take maintenance from him if he is earning more than me (I am a surgeon in pvt. practice and he is a Govt. official).
-Can I claim a share in property which he has bought though through taking loans from the banks in his name during our cohabitation but the property value has now appreciated.
Pl advice.
 



Learning

 17 Replies

Ranee....... (NA)     27 July 2012

YOUR DIVORCE WITH FIRST HUBBY IS NOT VALID, SO SECOND MARRIAGE IS VOID.

SO you are not entitle to those rights that  of a hindu wife posses.


(Guest)

sorry pressure tectics and your brothers influence and money will not  help at all ............. you can only and only win on merits and not on jugaads !!

Reema (Doctor)     03 August 2012

Thanks for your reply. Can I still proceed to take chances with lodging DVA against him or any other criminal entanglements so that he may dread lodging  a case against me for nullity  and bigamy ?

Sunny (Other)     05 August 2012

Nopes, you're not even his wife legally so you can't do anything, number 1

Secondly, he can easily file a case of fraud against you since you were infertile and knew about it but didn't inform him. 

He can file many other cases against you also, but i don't want to scare you right now. 

 

My advice is to end this peacefully and not get entangled in legal hassles, otherwise he has a much stronger case against you, you will be the loser. Don't mess with men and never underestimate them madam.

rajiv_lodha (zz)     05 August 2012

Even if ur 2nd "marriage" is void, DV act can be filed if u find it fit for u.

Reema (Doctor)     07 August 2012

In order to end this peacefully and not get entangled in legal hassles,can my relatives alongwith the social mediators ask him to end relationship with me through a notarised agreement where we will commit/promise not to file any cases on each other in future. If this is done, CAn he still can go for filing petition under sec 11 and bigamy , fraud against me?

HK_Jain... (498a Fighter)     07 August 2012

@ Reema

Yes he can filled any time a case u/s 494/495 no notrised aggreement can stop him, court doesn't permit it.

 

I have a doubt in your story

you said you have 2 months marriage with your first hubby & he found you infertile....ok..

HOW CAN ONE DETERMINE THE SPOUSE IS INFERTILE WITHIN 2 ONLY  MONTHS MARRIAGE?

Can any one explain this..

HK_Jain... (498a Fighter)     07 August 2012

Rajiv what are you suggesting her to file DV.

Although she is on own fault. by filling DV she would be invite bigamy for sure.

rajiv_lodha (zz)     07 August 2012

Originally posted by : HK_Jain...

Rajiv what are you suggesting her to file DV.

Although she is on own fault. by filling DV she would be invite bigamy for sure.

Dear!.................Just read, I never suggest anybody to file any case upon others, WHAT I HAVE WRITTEN IS LAW-POINT..........nobody can deny what is open law.

Reema (Doctor)     07 August 2012

Dear MR. H.K Jain

 

In my first marriage during  a trip after marriage to Goa, I told him that 3 months preceding  the marriage my menses  had stopped. His sister and her husband were also accompanying us and may be advised by them he cut short is visit and returned. He had had flare up with my family  at  marriAGE ceremony and there were many issues . we went to doctors for possibilities of conceving  and had a file ready. We suggsted IVF?surrogacy to which he declined. I also didnot want to live with him as he was suspicious. So we parted in less than 2 months and returned to where I was. After 7-8 months we got divorced on mutual agreement hrough notary . My second husband has a photocopy  of that with him  and   my photograph with my first husband. as proof.

 

 I am also at a loss to  make out how come filing DV against my second husband , will I be inviting bigamy? Pl suggest.


(Guest)

Sufficient Answer given by experts, Follows the instruction.

Tajobsindia (Senior Partner )     08 August 2012

 

 

Originally posted by : Reema

 

My parental family has two brothers and are very rich (millionaires) and influential and can do anything for me. We are pressurizing him socially as I wish him to return but all the talks have failed. Either I want to live with him or want him to return jewellery which he is also willing to give back till he gets clearance.

He has not taken any course of action so far. But I am apprehensive about XXX

XXX I told him that 3 months preceding the marriage my menses  had stopped XXX

--what legal course of action he can take against me and my parental family?  Will he be able to take divorce if I do not wish to leave him? Can he take divorce on grounds of cruelty (which he alleges during talks).
--Can I avail remedies under RCR or DVA or seeking maintenance or lump sum money as recompensation.
- Shall I be able to take maintenance from him if he is earning more than me (I am a surgeon in pvt. practice and he is a Govt. official).
-Can I claim a share in property which he has bought though through taking loans from the banks in his name during our cohabitation but the property value has now appreciated.

 

I found your query technically very interesting;

1. Your first marriage is not ended legally.
2. PCOS may be reason for irregular periods resulting into infertility who knows as no hint of Obgyn. visits or pelvic U/S in long query other than IVF / Surrogacy? However it was hidden to second husband which legally is called “fraud in marriages”.
3. In
Gujarat there is illegal cottage industry of "notarised divorce" started some years ago after yearly Navaratra festival and somehow gained a cult status in youths till today and you are not alone to be trapped knowingly or un-knowingly very well regional flavors coming from millionaire family who are more aware of current trend then ordinary middle class people and also being Educated empowered woman of 21st. century.
4. Your 4 -1/2 questions are totally un-reasonable in eyes of law following society. Legally I found your question interesting to the fact that “bigamy charges technically” is not applicable in your case. The "person aggrieved" (only two persons here can be called aggrieved your father and your first husband) can file a case of bigamy either in court or at the police station. But I reserve serious doubt that first husband (or even your father) will come back to your life after 7 years and now attempt filing "bigamy" case on your second husband ! Anyhow second husband can only file a case of "cheating / fraud in marriage" and a petition for declaring the second marriage as void can be filed by the parties of second marriage and not by the first spouse.
For a technical reason “your second marriage is 7 years old” so technically a “big shot” advocate which your millionaire family may hire in the event of bigamy case filed on you by first husband has to simply argue a technical point “first husband not heard of from last 7 years” and there flasshed out from Court first husband’s bigamy complaint case is my technical view.
5. It seems inspite of coming from a millionaire family you have not been to a seasoned lawyer other than visits to “few Notaries” till date who are not actually real Officers of the Court to assist a Court in telling what the Law is which surprises me since you say your family is millionaire status and you being a Surgeon must be earning decent is it not so, reply to yourself?.
6. Your natal status being millionaire or trilionaire will not save you / your side from any genuine Court case if first and or second husband think to move appropriate remedy / legal action against you. Atleast their respective case will get admission and what could be their fate is dependent on that “big shot” advocate which your side may hire instead of now a Notary turning into a young Lawyer appearing in Court for your side
J
7. One way to actually interpret your second marriage is nullity in eyes of Law. Only thing he has to take is a nullity decree if he likes to approach a Court. Even otherwise he can marry today morning with nothing to do with you. Technically it can also be decreed by nullity with nothing taken nothing given means with almost nil terms and condition for a simple fact you say “seven years” you both have been married, so technically your pleading (if any) is that I being abala was not aware of Law so I married
J That is what the so called case in hand is here.
8. No you cannot avail RCR read with civil maint. as second husband is not required to cohabit with you and he has really good valid reasons too legally to his side as this is not a legal marriage between you two. So leave (spare) him just for his legal reasons is my view on RCR thoughts.
9. DV complaint case filing, yes to some extent as this Bharat Ratna DV Act is not correctly interpreted till date and to some extent dependent on reach power of second husband to climb up to higher Courts till SC to interpret “relationship to the tune of similar to marriage clause” I reserve serious doubts that you may ever get truly remedies under this Act, 2005. This I leave on debate board for one and only woman centric lawyer that we have to rebut as he may please so shortly in favor of you!
10. Greed has no limits. Knowing well your second marriage is void in the eyes of law you want maint. read with your medical practice income is an amusing fact of greedy metro empowered women of today and it leaves not much to surprise here that you may ask such question to us as clarity.
11. Coming from millionaire family as you say in your own query and having a void marriage history behind yet greed level has climbed to stage III or terminal stage as you call in your medical profession and eyeing on property of second husband. In 7 years a govt. servant may not have made “Pride Hotel” in Ahmedabad is my generlisation whether you like reading it or not that also from plain vanilla exchequers monthly disbursements? However even if he has made so then there is no Law to get share of property in 7 years of void marriage to the best of my knowledge if we leave abala status technicality for a second away from discussion table. Rest I leave further reply on this para for a particular women centric lawyer’s wisdom once again to justify your abala status.

Remedy:
1. Ask family to assist second husband with Legal Aid (means hire a common Lawyer by meeting his legal fees) for Nullity Decree in second marriage when first marriage was subsisting that time (stating was not aware of decree to be taken for divorce and now never heard of first husband in last 7 years) and once decree sheet prepared second husband himself will as he says and you quote in your query will return your stridhan which is second bone of contention to place this query for clarity is my reading. A “CLEAN DECREE” in Nullity proceedings with clarity of first husband not heard of from last 7 years is the best clean legal gift you can give to yourself today before attempting for say any third marriage but this time on proper legal footings no Notary as best friend no 7 years itch technical pleadings please
J You go back your home happily and second husband return to normal life happily after returning back your stridhan.
End of discussion.


PS. This reply needs 5 good reading before training time pass gun on me – all professional brothers and generic readers are mildly advised so!

1 Like

Reema (Doctor)     09 August 2012

dear  Consellors

 

 Pl  comment and advice on the  following situation:

 

One Rajkumari married one Mr Sanjay and leaves him  within 2 months of  marriage and  6 later months get mutual divorce on notarised Rs 100/ stamp paper and then  again she marries one Mr Ajay within a year. How bigamy will apply legally? Who is entitled to file a case of bigamy and on whom?

Ranee....... (NA)     10 August 2012

Mr Sanajay and Mr Ajay can file bigamy on the PRINCESS

Read:

 

Section 494 in The Indian Penal Code, 1860
494. Marrying again during lifetime of husband or wife.-- Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Exception.- This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
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