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Radhika (dd)     18 November 2011

Counter case after divorce decree

I got divorce decree in feb 2011 from court by exparty order and i got remarried after that. I also filed Crpc 125 against my 1st husband which was also expartied. Now my first husband wants me back and he is harassing me to withdraw Crpc 125 what should i do ? It's really affecting my married life. My lawyer is advicing me to withdraw all cases against my ex but i am worried if he will harass me please help me in this matter.



 14 Replies

Legal Fighter (Advocate)     18 November 2011

better make an amicable settlement with your earlier husband and withdraw all the cases. it is always better to live and let live.

N.K.Assumi (Advocate)     18 November 2011

But what about her second husband?

Krish Narayan (Advocate)     18 November 2011

give a lump sum compensation to him.. some times happens like this..

(Guest)

Maintanance under CrPC 125 will not be applicable once you remarry. He is no longer liable. 

CrpC 125 is read as follows:

Order for maintenance of wives, children and parents.

(1)If any person having sufficient means neglects or refuses to maintain-
(a)his wife, unable to maintain herself,
"wife" includes a woman who has been divorced by, or has obtained a divorce  from, her husband and has not remarried.

I did  not understand how is he harassing you? What he can do is move an application u/s 127 CrpC

CrPC 127 (3) is read as:

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,-
(i) in the case where, such sum was paid before such order, from the date on Which such order was made,
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof.
 so if he moves an application u/s 127 CrpC your maintenance will be cancelled..
and why should you pay money to him? Dont pay him anything? He cannot do anything...

Tajobsindia (Senior Partner )     18 November 2011

@ Author

1.
Are all appeal period to challenge either Divorce / S. 125 CrPC or both ex party Orders exhausted?

2. If yes and then you got re-married then he has no ground to intimidate / stalk you. However in interest of justice you should withdraw S. 125 CrPC as matter withdrawn being your re-marriage post appeal period and send certified copy to him.

3. Advise of your Adv. is right when he advised you to withdraw S. 125 CrPC since its very purpose is defeated once you get re-married.


Least to least for peace of mind now that you have re-married, in consultation with your second husband and previous Adv. you may approach jurisdiction Civil Court for seeking injunction order on "no contact by any nature" against your ex- husband now that after exhausting all appeal period you have re-married and copy of such Order to Jurisdiction PS as information and if he violates this Order then several IPC sections are available to take him to task.


All these are possible only if in your brief you would have mentioned if all appeal period to challenge ex party orders exhausted by first husband ! I see this info. missing.

 

I disagree to advise on settlement/paying him some money etc. and may have agreed to such advise if ex party orders were procured under fishy procedural due processes conditions and hidden from us while seekign remedy on your query but face of it, it does not smell so (maybe such special knowledge only you can express as reply before us for clarity).

1 Like

Adv. Chandrasekhar (Advocate)     18 November 2011

Have you married second time only 90 days after obtaining the ex-parte divorce decree?  If Yes, then, you need not worry.

Has your first husband received the court notice in ex-parte divorce case?  If yes, then you need not worry.

Shall you withdraw all your cases?  What are all those cases?  By your statement, I see only two cases, one is S.125 case and another one is divorce case.

The question of withdrawing divorce case does not arise, because you alredy got ex-parte decree and lateron you got married.

In case of Sec.125 case,  you have to withdraw the case as you are remarried.  As this case also decided ex-parte, there will be technical problem of withdrawing the already decided case.  But you can move an application in the court saying that you remarried again and hence the maintenance order passed in favour of you be made ineffective.  The court will pass the order in such manner.

Now the problem with your first husband:  You must be strong enough to deal with him.  You should tell him shut up and get out or you will get him arrested under Section 354, 506 and 509 of IPC for outraging the modesty of woman and insulting you.  Forget about past relation with him.  He is as stranger as any one of us here.  Once you got divorce decree, he has no business to talk, approach or put any demand to you, more particularly the demand of physical intimacy.  If he does so against your will, he is liable to rape charges.  If he utters foul language or indecent behaviour, you have got remedy in criminal law.  Through your advocate you tell him all those things.  Even then he harasses you, you have option of approaching police and criminal courts against him.  If he harasses you on telephone or comes at and near your residential accommodation or your place of work, you can take protection orders against him under DOMESTIC VIOLENCE ACT.  Once, I say this, some of the self proclaimed legal pundits come to catch my neck saying that how a case under Domestic Violence Act lies against the husband of first marriage?  Let them talk as they like, but a case under Domestic Violence Act lies against the first husband, if he harasses you to meet his unlawful demands.

Wish you get strength to come out of this troubled situation and lead a happy and peaceful life.

Radhika (dd)     18 November 2011

Tajobsindia appeal period to challenge ex party orders is over. As you can see i am facing lot of problem here my current husband is aware of this situation and we want to finish this issue as soon as possible so that we can live peacefully. My ex is thinking that because of exparty order the time period which i spent while i wasn't married he has to pay me because maintenance order was expartied but here i do not want anything since i got remarried but my ex is getting paranoid and threatening me that either i have to return to him else he will file case against me and this the only reason my lawyer has advised me to withdraw maintenance case against my ex. I want to get out of this problem as quickly as possible and as mentioned by you i want to restrict my ex from future contact by court orders. May i know what IPC section would be applicable if i want to do it ? so that i can pass this information to my lawyer and may be he can help me with it.

Tajobsindia (Senior Partner )     18 November 2011

 

 

Originally posted by :Adv. Chandu 09868332610

"

If he harasses you on telephone or comes at and near your residential accommodation or your place of work, you can take protection orders against him under DOMESTIC VIOLENCE ACT.  Once, I say this, some of the self proclaimed legal pundits come to catch my neck saying that how a case under Domestic Violence Act lies against the husband of first marriage?  Let them talk as they like, but a case under Domestic Violence Act lies against the first husband, if he harasses you to meet his unlawful demands.

"


 1. Chandu, if this remark is indirectly dig for me then do not worry I will not rebut to you as I know and understand well a very thin line mentioned in Madras HC DV Order and would rather refrain reminding limitation Judgment of SC as this queriest ex party Order was announced in Feb. 2011 so she is within her rights to probably get back to Court corridors and start all over again, this time under DV Act. However, I would not have advised her for usage of any other Act other than IPC however this is the only variation between two advises from two different thinking people here
J


Relax Chandu neither you nor me are after all so bad on principals of sound legal interpretations as being portrayed just because of our ‘communication’ failure which is similar to husband - wife relationships unless a mediator jumps in J


@ Author

Chandu has guided you with IPC section and your next reply is quite clear hence ex husband has no stand now to harass you. Sit with your previous adv. and set this message straight once for all but do keep your second husband informed least some miss-communication takes toll on your young second relationship called re-marriage.


All the best.

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 November 2011

Dear radhika

125 Crpc is not maintainable in your case. you have lost your right to maintinance

feel free to call

galsober@yahoo.co.in (def)     18 November 2011

@Radhika!

As per ur brief, it seems that he is scared by PENDING 125CrPC case upon him. Get it closed n convey to him that he dare not bother you, if he still does, give a police complaint.

But close the 125 case from ur side as a 1st move!

Gud Luk..............gal

Aishwarya (Teacher)     18 November 2011

adviced rightly by galsober ji.

close 125 and settle other issues through conversation with him taking ur present husband in confidence and standing , supporting you always..

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

125 is anyways not maintainable, so just finish it off.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

125 is anyways not maintainable, so just finish it off.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Dr J C Vashista (Lawyer)     19 November 2011

Dear Radhika,

Your application for maintenance U/S 125 Cr PC against ex-husband is not maintainable, withdraw.

You cannot be harrashed by your ex-husband and seek police protection or relief from Court, if he does.

Enjoy your second happy married life,


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