Easy jurisdiction - family court/district court ?

 Great !!

so court is gonna persuade me to take back my ILLEGALLY WEDDED wife !!

her first husband is still alive.

I have talked with him over phone. He has also got married to some other girl (i.e.- committed Bigamy)

hey Bhagwan

Amit,

Why do you remember Bhagvan?

From God's side all these of even 10 husbands are allowed? 

There is no such limitation in nature. These are our man made Laws, having Lots of Defects, that we have to bear with and suffer. 

If you consumed the marriage, ratified  your marriage, and none of herself or her husband objected or sent you to jail, for bigamy, and If you can enjoy Life with her, Why should she we thrown on street?? Only because she rotated 4 times in four minutes around fire?? 

Think, it was affairs? Without that ceremony? You have no complaint?? 

If you divorce her, she can  claim Maintenance residence  etc under DV Act. / even under sec 24 pendng litigation? 

You also had good time with her, and then why any other girl should marry you?? 

 It is also your fault to get married with already married woman? or even if you are ignorant,  It is a mistake not to go through her  past record, and marry her.

Probably she is innocent, and married someone under pressure of her parents or guardian ??

Probably you cannot prove her first marriage, or she can prove her divorce before you married her, and HENCE YOUR MARRIAGE IS LEGAL

ONLY TALKING ON PHONE WITH HER PREVIOUS HUSBAND IS NOT A SUFFICENT PROOF OF HER MARRIAGE or that  your marriage is illegal . 

 Was that First marriage registered??

 I understand you cannot digest Whatever I stated here, But will your Opposite Advocate not going to Cross Examine You on these  Points??

If You are so sure she ILLEGALLY WEDDED, and not your wife, why are you filing Petition in Court, and try to prove, you were living together as husband and wife, having committing bigamy?  

 LET HER PROCEED, and you defend saying there is neither any marriage as per  Sec 5, Nor you have any relationship with her. Let her Prove. Why you want to prove by filing such Petition, and verifying all your averments on oath??

Any notice anybody served? Any marriage registered? Did you go to her parents home at Nandurbar??

How do they explain this jugglery?? & After all if this is Sweet, continue tasting it. You are better than so many harassed husbands. You have no other complain. I presume your relations are sweet.

Adv. Shroff

11-12-2011

If you consumed the marriage, ratified  your marriage, and none of herself or her husband objected or sent you to jail, for bigamy, and If you can enjoy Life with her, Why should she we thrown on street?? Only because she rotated 4 times in four minutes around fire?? 

got married in may 2011. till now wife stayed with me just for 3 months. 

You also had good time with her, and then why any other girl should marry you?? 

3 months = full of quarrels. the suspected the character of 7 ppl from our side. all typical alligations, threats to file complaints. her brother threatned to cut me to pieces. her mother threatened 10 times to file cases. not just a single day of peace.

my parents spent all these days with her under a great burdon - threats of suicide, police ... my parents also say - if she returns, she will destroy everything ... i wont go in petty details.

 It is also your fault to get married with already married woman? or even if you are ignorant,  It is a mistake not to go through her  past record, and marry her.

arranged marriage - she lied - told us that she is legally divorcee. we didnt check papers. i came to know @ LCI for the 1st time that Sub-registrar divorce is not valid. Afraid of her threats, and desertion, I met 12 advocates in my city - all misguiding ...

Probably she is innocent, and married someone under pressure of her parents or guardian ??

no innocence. I assure.

Probably you cannot prove her first marriage, or she can prove her divorce before you married her, and HENCE YOUR MARRIAGE IS LEGAL

I talked to 1st husband. told him my story - asked for guidance - he, after hearing everything, said - just remove your name and put my name - all this has already happened to me. each and every instance.

she has got only sub-registrar divorce deed. no court divorce.

ONLY TALKING ON PHONE WITH HER PREVIOUS HUSBAND IS NOT A SUFFICENT PROOF OF HER MARRIAGE or that  your marriage is illegal . 

arranged marriage - all our community knows about her first marriage - Divorce deed is the proof that she was married earlier.

Was that First marriage registered??

No.

 I understand you cannot digest Whatever I stated here, But will your Opposite Advocate not going to Cross Examine You on these  Points??

Yes. I can & will answer him. I dont think that u are suspecting me. U just want to know the truths. So, I do not take it in a wrong way.

If You are so sure she ILLEGALLY WEDDED, and not your wife, why are you filing Petition in Court, and try to prove, you were living together as husband and wife, having committing bigamy? 

She left my home - 50 days - i also sent her letter stating the facts - i do not want punishment for her - i just want to get my parents & myself free out of this mess. I have filed annulment petition before 2 days.

Why you want to prove by filing such Petition

She from poor family - using me just as a show piece - also threatened that once she gets pregnant, she will leave me - go to her town - she has small piece of land over there - and she will continue with her govt. service. So, i want to get out of this mess legally .

Any notice anybody served? Any marriage registered? Did you go to her parents home??

I sent her notice - stating the facts.

our marriage is not registered.

they are of abusive nature. they think that this boy has married our daughter. now this family has to behave as their say - weird demands. will be useless to visit them - they do not talk even over phone - my parents, mediators also tried to pursuade them. all in vein - now tired of licking her feet.

You are better than so many harassed husbands.

Yes, I admit. not cases yet filed - only threats after threats - just dry threats.

You have no other complain.

I have so many - but whats the use just complaining - the respondent is ignorant :(

I presume your relations are sweet.

Not at all ! All the time I hear the appraisal of first husband from her mouth.

She is so short minded that - she talks our bedroom things to even the mediator who is 72 years old - and also not very close to her. etc etc. etc.

Now we have more details, so my colleague  Experts will also be able to  help you out. 

Let her start the war first... till wait..

A void wife by her conduct cannot go for 498A or DV Act as rulings are saying..

You are not the legal husband...

so she is not the 'aggrieved person' under section 198 of Cr.P.C. to launch any complaint against you.

Wait and watch..

A wife in a void marriage can file DV.

As per defination in DV:

"aggrieved person" means any woman who is, or has been, in a domestic relationship with

the respondent and who alleges to have been subjected to any act of domestic violence by the

respondent;

This is the case where Woman has committed bigamy. She is at her fault. 

She can be punished for maximum 5 years in jail. 

DV will be quashed if filed.... 

Husband will be consider innocent since the beginning. He can’t be prosecute for DV case... 

READ AUTHER'S ISSUE CAREFULLY.....

I do feel it should be quashed....but legally....

Her husband can file for bigamy against her,punishment will not be so severe considering they had done divorce agreement,only that divorce decree was not obtained from the court.

She cannot be at fault for being subjected to domestic violence in her second marriage.

As the second husband was aware of her marital status,he cannot be expected to be free to treat her with domestic violence. 

DV will not be quashed just because it was a case of begamy,it may be qushed based on merits of the case.

@ Chaitanya_Lawyer_Mumbai

You are definitely going to suggest to File DV case on Author to the women involved in this thread if she will approach you…

Ask yourself, Is this fair for the man who is unnecessarily involved in Court matter? It is women's duty to verify the divorce document which is obtained from her first husband.

Here the man brought a wife into his home, later he found that she is not his wife in the eyes of law. (What is the use of women in his home when court thinks that marriage is not valid). She is criminal.

Let me give you simple example which will make you understand the situation.

You have invited a guest to stay in your home in your home unknowingly that the guest is a thief/murderer Or The guest came to stay in your home.

Later on somehow you found the real identity of the guest.

In such situation what would you react?

The real scene would be the same guest is expecting coffee/food/dinner/lunch from you!!!!!!

This Guest being man/women has any rights to ask for the same thing from the owner of the house??????

Instead you will suggest the guest to leave home…….

Author has done the same thing…. There is no incidents of Domestic Relationship between Author and Women as per his saying…. He even didn’t ask the women to leave the house, She has left the home by her own will many times…

I request all the lawyer not to suggest women to file DV case at first instance without judging the matter to save time of many people (Court/Women/Man/Child/Parents of  both Man/women). Being a lawyer you will get the money, You will get the business But the money earned by making people suffer will not give you good. 

Hi Sameer,

I am not here to solicit business.

You can go through my past replies to such queries,morover i do have been approached by women to resolve their issues by mails,i do have suggested them not to initiate any criminal proceedings.

let me know your mail address so that i can forward the same to you,if required.

You seems to be under wrong impression that i am suggesting women to file such cases.

I am here to guide people regarding legal aspects,maybe my reply made author aware what he could expect.

After you first reply,i did wrote (...but legally...),so that you can understand what i mean,but you do not seems to have that much intelligence.

Hi Sameer,

You have mentioned,

It is women's duty to verify the divorce document which is obtained from her first husband.

Here the man brought a wife into his home, later he found that she is not his wife in the eyes of law. (What is the use of women in his home when court thinks that marriage is not valid). She is criminal.

So do you mean it was not husband's duty to verify if he is entering into a valid marriage?is he not criminal for offences of IPC 496,497?

For your information,Thousands of people in rural india do get divorce by such procedure & marry someone else.