need help to save marriage

Hi, I regret to let you know that your sister's husband has legal valid grounds for filing of divorce. Moreover, out of everything that you've mentioned, none of the facts come within the ambit of the criminal offence of dowry. I'd advise you against the filing of false complaints. When (if) the court discovers the accusations are illfounded, it shall work towards discrediting your sister's case even further.

Originally posted by : Sourabh
	can we ask for the maintenance for my sister and is there any way to prove tgat they knew all the facts of previous marriage. please you all are lawyers and experts.. your one suggestion can save the life of my sister. i can do anything for my sister but please save her marriage life.. because after this there is no option for her...

Well your first priority seems marriage, so better go ahead and try to sort it out on a personal level because usually court proceedings are not known to re-affirm a marriage. As far as legal opinion is considered, you have been well advised not to take the wrong course. If we have to presume that even if Divorce is granted, your sister can rightfully petition for Maintenance of herself as well as her unborn child which is evidently the child of the current husband of hers as well. The Court shall look into the matter and hopefully grant you maintenance too. Even otherwise, wherever the proceedings are running, you could try moving an application u/s 9 of the Hindu Marriage Act, i.e, for Restitution of Conjugal Relationship merely on the grounds that your sister is bearing a child and is not in a condition to deal with all the inherent pressure this situation has brought upon. For the sake of the safety of their unborn child, it would be better if the decree is passed. Otherwise, you could opt for Maintenance. 

I agree with Arjun  Kohli.Noyhing more to say.

ORAL TESTIMONY ALSO COURT WILLL TAKE INTO CONSIDERATION UNLESS IT IS FALSE. TIME  OF COMPLETION OF EVIDENCE DEPENDS ON THE NUMBER OF WITNESSES, NUMBER OF ADJOURNMENTS SOUGHT BY THE ADVOCATES ON BOTH SIDES, jUDGE ETC.

ANNULMENT CANCELS THE MARRIAGE AS IF IT'S NEVER EXISTED DURING THE ENTIRE MATRIMONIAL RELATIONSHIP. WHEREAS DIVORCE PUTS AN END TO THE MARRIAGE.TO PUT IT MORE CLEARLY:

There are two ways to legally end a marriage - annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased - legally, it declares that the marriage never technically existed and was never valid.

A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide.

If the marriage is annulled your sister may never get maintenance at all as  annulment means their never existed a valid marriage between your sister and her 2nd husband,..  However, She can claim maintainence for the upkeep of her  2nd husband's  child.

Originally posted by : Sourabh
	is there any chance to get the case in our favour.. is oral evidence accepted in the court... and how much time will it take to final this case if we try to contest it. marriage will annulled or divorced bcz he has filled annulment case not divorce

If the marriage gets annulled, in my opinion, your sister might not be able to claim maintenance as she would then have never been the wife of the person. However, maintenance on behalf of the unborn child could still be claimed, as far as I know.

Originally posted by : Sourabh
	can we move application under sec 9 for restitution of conjugal relation... will it save the marriage and can my sister again live with him.. and what about the child custody who will take it.

Right now, all you could do is atleast make an effort, put your grounds well enough in the application. It will certainly not save the marriage but hopefully will help your sister co-habitate with her husband atleast until her delivery (pray for that in the application).

However, the practical effects you only have to weigh. Make sure you only do that if the circumstances wouldn't be worse for her in that household. I was only saying it from the point of view of expenses, etc.

Obviously, you are on the wrong side of the morals; it was inappropriate that sensitive facts were concealed from the other party. Now, your attempts should not be going on the offensive, such as filing DV, 498a cases. 

It is a case filed them, they need to prove their case beyond reasonable doubt; the accused need only explain to the Court as to the evidence appearance against. It is my considered opinion that adopting a low but conciliatory apprach, in all likelihood, save the marriage.

The OP has apparently pressed valid grounds, as per your posts.

If the marriage is to be saved try intervention of elders and neutral persons and it may help.

Or some compromise might be possible, during discussions.

There is only one way and no other way to save the marriage and peaceful matrimonial life.  That is to offer unconditional apology to him for deceiving him and if he has a big heart, he will accept the apology and resume matrimonial life.  But be sure, while offering the apology, the conversation should not be recorded.

Your DV and Section 498-A cases, you may win or lose, that will not bring happyness to your sister and she cannot resume her matrimonial life like in the past as that relationship has been brokered out of creating fear in him.  Similarly, S.9 will not bring fruitful result.

But the child will get maintenance till he becomes major and the father has the responsibility to meet his daily necessities and educational expenses, irrespective of the fate of the cases filed by you or by him.