Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ss2506 (Engineer)     27 July 2009

Badly need help

Mine is a second marriage . i have got divorce from first wife under the grounds of desertion . The second marriage also not successful . I have filed divorce petition under the grounds of cruelty 3 years before and the case is still in progress. My wife had filed maintenance petition and in that she had lied that she did not know that I was a divorcee at the time of marriage and had hided the facts. But the fact is , She herself had given a written affidavit ( notary public) to the temple authorities ( where our marriage took place) that she is aware of the divorce and is willing to marry as second marriage. Hence as per my lawyers advice I filed a perjury case under section 340 for giving false information to the court. All these three years the cases was not heard regularly as the judges were transferred and absent. Now the hearing is regular and arguments are done. My question is , shall I first give the evidence for the 340 application or shall I ask my wife to prove her allegations said in the maintenance petition? Which will be helpful to move the case fastter? Similarly , till now my wifef has not file RCR. If she files now ( after 3 years of seperation) whether decree for RCR will be passed even without asking my opinion? I have a old age mother and if my wife come to my house she will mentally torture my mother and me. I do not want that. What Shall I do now? We do not have children and i am not willing to live with her anymore. I am ready to give maintenance and she is adamant that she will not give divorce and want to live with me. Thanks to advice



Learning

 8 Replies

Vishwa Bhushan Arya (Service)     27 July 2009

if the court takes cognizance on sec 340 and forwards the criminal complaint to the court of competent jurisdiction, there might be some pressure on your wife to settle the matter with you amicably. Or else, you may request the court to proceed with both the issues simultaneously. Vishwa Bhushan Arya

K.C.Suresh (Advocate)     28 July 2009

Go together with both the issues.

1 Like

ss2506 (Engineer)     28 July 2009

Thank U Vishwa. I will go as per your advice.

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

as Mr. Vishwa advised correctly, you can press the court for sending the matter for registeration of f.i.r. and you can include this ground in your divorce petition that she knew it very well that it s your second marriage still she mentally tortured you that you deceived her.  this is a good ground for grant of divorce in your favour.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     19 August 2009

Mr.Rajiv is right you can persue as per his advice.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING YOUR DIVORCE PETITION AND CRIMINAL CASE KINDLY NOTE THAT.

1.DIVORCE PETITION IS A CIVIL MATTER AND  THE CRIMINAL CASE IS A CRIMINAL COURT MATTER.. IN DIVORCE MATTER YOU SHOULD PROVE THE FACTS WITH SUPPORTING DOCUMENTS AND PROOFS.YOU PRODUCE ALL DOCUMENTS IN SUPPORT OF YOUR PETITION .

2.KINDLY NOTE THAT THE CRIMINAL MATTER WILL BE TRIED BY CRIMINAL COURTS AND IT HAS ITS OWN PROCEDURE COMPLAINENT WILL BE EXAMINED AS WITNESS.AND ALSO OTHER RELEVENT DOCUMENTS ARE TO BE PROVED IN COURT INCLUDING YOUR PROOF REGARDING THE FACTS ABOUT YOUR FIRST DIVORCE WAS KNOWN TO YOUR WIFE .

3.KINDLY DO NOT FORGET THAT YOU HAVE LEGALY MARRIED THE SAID LADY . AND MOST OF THE PRESENT ACTS ARE FAVOURING THE MARRIED WOMAN.HENCE IT IS SUGGESTED IN YOUR OWN INTEREST THAT KINDLY HANDLE THE MATTER WITH CARE OR ELSE IN CASE REACTION COMES THEN YOU MAY FIND IT VERY DIFFICULT TO DEFEND YOU AND YOUR MATTERS PLEASE NOTE.

4.KINDLY  SETTLE THE MATTER KEEPING IN VIEW THE BEST INTEREST OF YOU AND YOUR FAMILY MEMBERS PLEASE NOTE.

KINDLY SEND EXACT DETAILS IN CASE ANY FURTHER HELP IS NEEDED.

WITH BEST REGARDS TO YOU YOUR FAMILY LAND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     22 October 2009

Mr.Vishwa &  Mr.Rajiv 's advises are more appropriate.

K.C.Suresh (Advocate)     22 October 2009

Hallo SS 2506, 2506 is 13. Is it a good number to you friend. Why this fate running after your for years. Your firt wife deserted you. The second one for cruvelty. What happend you brother. The law finally and always stand in favour of the wife as you are an HABITUAL DIVORCEE.

YOU ARE A HUSBAND TO BE HANDLED WITH CARE.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register