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A SIngh....... (Business)     04 September 2018

Difference in second marriage

Hello, I was divorced with mutual consent in 2012, (have all the documents of that from the court) last year in 2017, my family started finding a match for me again, Where my marriage got fixed, that girl too had divorced in 2015 as told by her family. and we got married in November 2017. After 10 days of marriage, I came to know that those people did not adopt any legal process in their first divorce, they had simply written seperation agreement on the stamp paper of 100 rupees from mutual consent and some of there family members had signed it as a witness after that they got it notarised by a lawyer. after 2 months there was a fight between us for no reason... every time we came into arguments and fight she used to go to there parents home and the reason she gives me is that she cant live here with my mother in the same house even her father asked me that his daughter is not going live in harmony with my family and she will not live with my mother and they dont even have any answer that why she dont want to live with my mother in the same house. I dont have father my mother is also alone and this is not possible for me to leave my mother she is in govt job and she is not even dependent on us.. still my wife don't like her. and one more thing my mother never say anything to her bcoz few days after marriage my wife told my mother that she does not consider her mother in law for her my mother is no one.... from that day my mother don't even say a single word to her.... from the last 6 months my mother and my wife have not spoken a single word to each other ... still my wife has a problem with my mother..... she is in her parents house from the last 20 days and and everytime i ask her to come back she gives an answer that she dont want to live here with my mother.. if i want to live with my wife i have to leave this house and my mother alone. thats the condition she puts everytime. my decision is that i cant leave my mother alone. my questions are

1) Is her first divorce valid as it was only notarised seperation agreeement on normal stamp paper?????

2) what if she files a false case against me and my mother??

3) what is the best possible way to handle all this situation???

4) if i go for a Divorce do i have to give her maintenance ??



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     04 September 2018

Firstly your marriage with this woman is absolutely null and void because she had not obtained decree of divorce to dissolve her first marriage. Apply for annulment of marriage by decree of nullity under section 11 of the Hindu Marriage Act, 1955. She is not legally wedded wife so just don't worry about her threats.

Mohini (housewife)     04 September 2018

MR. VIJAY RAJ MAHAJAN, THANKS FOR GUIDELINES, BUT WHAT TO DO WHEN MANY ADVOCATES ARE MISGUIDING THE PARTIES THAT TAKE DIVORECE ON STAMP PAPLER AND SIGNED IN REGISTRAR OFFICE, AND LATER BOTH THE PARTIES ARE IN PROBLEM WHEN THEY GOING FOR NEXT MARRIAGE. THANKS. bhagwan 

pankaj verma   04 September 2018

agreed with Mr raj plz challenge ur marriage and dont worry 9816374011

(Guest)
your marriage with that lady has no legality. you may, if try to educate her regarding her first marriage. divorce can only be obtained from court and no such agreement has any sanctity before law. as guided, if you consider so, apply for annulment of your marriage. secondly, you should know that your wife is guilty of bigamy. also she has misrepresented you regarding her first marriage. get counseling if possible

DMINDIA 2018   04 September 2018

I can say people are so exited for Marriage that they arrange many things, do expenses. But they forget to do check most important thing, Life Partner.

DMINDIA 2018   04 September 2018

One thing I have to mention here. if your now called wife advocate smart, then you may get trouble.

Adv Deepak Joshi +917017821512 (Advocate)     04 September 2018

Your marriage has no legal validity.

DMINDIA 2018   05 September 2018

This relationship get hold in Law. Don't worry may be relationship is there, but still she has rights of wife in your life. All depend on Advocate, If I am the advisor then it is come under marital relationship. may be not like formal marriage. but it is called marriage and marital relationship. both persons hold rights as husband and wife. 07999845039

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