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??
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 .
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?
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
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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.
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.
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.
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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..
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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;
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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.....
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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.
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Originally posted by :Chaitanya_Lawyer_Mumbai | ||
" |
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. |
" |
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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.
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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.
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