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ALPA RATHOD   22 July 2023

Divorce on stamp paper notary is valid in obc cast ?

Sir,

Husband  and wife  both r belongs to OBC cast, they registered their marriage and after separation they took divorce on stamp paper also on same day both went to family court to file 13 b...now after few months of filling of 13 b, the wife denied to give divorce and withdraw her concent by stating that she was forced by her father in law to sign  divorce papers...so the family court has dismissed the petition by default

Meanwhile during the pendency  of divorce decree , husband got married to another lady  without informing her abt his first wife's  withrow consent pursis,  and the divorce decree woul be dismissed 

Husband did second marriage and also registered it.

My question are

1) in OBC cast stamp paper divorce is valid ? 

2)  his first wife has signed divorce papers on notary..can she withrow her concent after filing of 13 b  divorce petition in court. ? 

3) can second wife  can file any legal steps for cheating her ? Which other acts / punishment can be charged on husband ?

4) can second wife get maintenance from his husband ? 

 

Kindly guide me plz

Alpa

 



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     22 July 2023

 ( 1 ) No

 ( 2 ) yes

 ( 3 )  yes, she can file case of bigamy against her husband.

 ( 4 ) yes.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     22 July 2023

Agreed with the expert advice of Mr. Bhartesh Goyal sir.

1 Like

Dr. J C Vashista (Advocate )     23 July 2023

Question wise replies are

1) in OBC cast stamp paper divorce is valid ?  No

2)  his first wife has signed divorce papers on notary..can she withrow her concent after filing of 13 b  divorce petition in court. ?  It is a waste paper. Consent or no consent do not affect.

3) can second wife  can file any legal steps for cheating her ? Which other acts / punishment can be charged on husband ? Section 494 of Indian Penal Code, 1860

4) can second wife get maintenance from his husband ? Yes, she can claim and get maintenance from her partner (marriage is void).

@ Alpa Rathod,

What is your concern / problem / dispute / locus standi, if it is not a time pass question paper ??

 

1 Like

Kartikey Tiwari   07 March 2024

Hon'ble orissa court observation.. 


Attached File : 1030918 20240307170258 partha sarathi das v state of orissa others watermark 1543194.pdf downloaded: 9 times

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