Exparte divorce obtained by fraud and done second marraige

Originally posted by : Anjana
	Hello   My husband  obtained exparte decree against me by playing fraud upon the court. For playing fraud upon the court  the court by taking su moto and mentioned he played fraud upon the  court  and set aside the order .But recently I came to know my husband married another women and had a child with her When the exparte divorce was in force he married to that lady. But he never said any of counter or affidavits he was married again.  I got the proofs of second lady all in her government ids like(pan, aadhar, voter id, babys birth certificate,bank passbook /mentioned this person as husband. Baseing on this i filed private complaint the court has send the notices to them to attend for trail . Now the questions follows 1) Here the husband married when exparte decree was in force.But it was obtained by playing fraud upon the court . Now is bigamy applicable? 2)Is the above proofs enough to prove bigamy? 3) or essential marriage ceremonies to be proved? 4) If second marriage is void is second lady can keep her status as wife in public documents?

Looks like you are not satisfied with free life. Fraud divorce or not. One thing you have to understand. You have got divorce now. Find someone else. Even if ur husband was married to another woman and had a kid, it shows he was never interested in you. So it is better to let go off, than keep in cribbing for the rest of your life. Get a life. Good luck. Of course, there are other ways too, like run behind courts for next 5-6 years, make life hell for yourself and also for people around you. Be troublesome to the core, until your parents kick you out of their house. Think deep, act slow, have a good life.

@ helping hand:

with due respect, differ frm ur advice.

culprit, let it be anyone, has to suffer for wht has been done to others. if one wants justice thn it is the duty of all of us to give moral support.

Helping hand

 

Your title shows you are helping hand but your answer looks depressing.

My parents or none cannot kick me out. I am happy with my life 

Just answer to my questions if you know other wise some what moral support but i did not accept this type of replies. Hope your helping hand helps lot of people

Gud luck.......

Originally posted by : Anjana
	Helping hand   Your title shows you are helping hand but your answer looks depressing. My parents or none cannot kick me out. I am happy with my life  Just answer to my questions if you know other wise some what moral support but i did not accept this type of replies. Hope your helping hand helps lot of people Gud luck.......

The main reason why your life is like this is for the sole reason that your parents did not kick you out even now. Pity your parents, not you. You will surely meet your end. Good luck to ur parents.

Originally posted by : gd dy
	@ helping hand: with due respect, differ frm ur advice. culprit, let it be anyone, has to suffer for wht has been done to others. if one wants justice thn it is the duty of all of us to give moral support.

Jiska g@@nd phasa ho usko jaake yeh advice he. Haala ki tera gaand phasa he toh kissi ko yeh salah mat de right or wrong ke baare mein. Inn jaise randy ke aulaad ko yahi advice suit hoga. Bhose dee k Tu apna advice de. Phokat mein mere ko advice mat de.

@ helping hand !

i say if one wnts to take revenge thn let one. not small child and whoever here comes, comes after counselling with gud lawyer in true sense. just fr fun.

u r one who make thm pleased with gud language otherwise they hv to visit some gud place where calibre of personality like u only get the entry.

nice vocublarity. in which court u frequently used to impress judge.

Hi Raj

 

Here the story is different  , Me and my husband are happy only.   I dont know all of sudden what happend he became close to his near by uncles daughter who is having 10 years gap between them this person age is 35 and she is 25 and she is  unmarried .

This went so far so cleverly he has taken divorce behind me though we are under same roof.By sending notices to my parents vacate house saying some wrong allegations

One of my neigbour aunt said you and your husband were divorced . I was surprised and i called him when he was in office. he said little busy and tonight he is going to some bussiness tour later his mobile was switched off

 

When  I enquired in family court he took  exparte divorce 8 months back.itself. Really at that moment i am unable to control my anger and don't know how I Shouted in front of judge itself because i don't know what my mental position is at that time.

The judge has understood the reason behind my anger he has listened everything on su moto basis the exparte divorce was set a side.

See here if I did not set a side the divorce petition surely he will bypass the criminal consequences by taking advantage of this decree.ill 

So here our divorce was cancelled.Now I am going to take the divorce on merit grounds showing his cruelity. My age is 28   I got married when  I was at 23 

Now I am fine ... I came out of that situation.. and he never mentioned he was married in his counters. I  came to know he married another lady again .

So i just request if you have any judgements for above questions pls farward me

helping hand.....

 

thanks for your suggestion.........and here  ismy humble request you pls dont reply to any of my questions... I dont want your helping hand.......

.

....

Dear Anjana,

I can understand your mental status during those phase when you all of a sudden come to know that he has taken divorce through exparte and top of this he get remarried to other lady.

You would have tolerated all these through passed time.So, I want to know few of the following things which will realy help you to sort out your problem.

1. Due you think that if a court gives order in favour of you then same relationship as husband and wife will continue?

2. Do you think that he will leave his second wife and come to by forgeting every thing?

3. Do you think that you will get all the affections and love which is most prominent thing in married life rather than being a social couple for name sake?

4. Do you think that any court in the world can force him to coahbit with you?

5. Do you think that love can be purchased or bought or granted forcefuly?

If all the above questions answers are yes then ,I will suggest you to go and fight your case and even don't worry to sale your blood also if it is needed.

Best of luck:))

Hope you could understand the meaning of Life.

The divorce was set a side. It was necessary to do otherwise i cannot take any criminal action on him.

 

Other side court is saying decree obtained by fraud is null and void.So it is not at all decree i the eyes of law.

Now i want the judgements regarding bigamy applied after takeng exparte divorce by playing fraud 

Ok ,Suppose his exparte decree is null and void finaly by apex court then his second marriage comes as void marriage.

Question again arises to you that how you will proove that his second marriage is valid for the account of Bigamy?

If you are Hindu then for Bigamy under IPC 494 a Bigamy is a case Where a spouse marries to another person in the presence of his/her alive partner.

But again a marriage under sec-5 of HMA 1955 has to be prooved.

 

Simply a sindur or pandits chant can't make a couple married.If this happens then every marriages in Movies or television soap actor & actoresses treated as husband and wife.

So,point to be noted.

Hi sufferer 

 I understood i cannot do anything by force. Though he comes back i am not in position to receive him.........

  Thats why i am giving divorce on my grounds.... and i want to live happily ?

Why you people show sentimental he is having baby and married..........already? 

Then what about mee?  By god grace  merits are to my favour .

Is the second lady does not know she is doing wrong and she do not enter to one married life couple? 

If they are having baby means so what? If they are in relation if not babies means.........dog puppies will come out or what?

 

Thats what i said,,,,,,here i got all government ids...........now the burden of proof lies on them if the marraige is not gone with essential ceremonies how can you mention as wife in documents......

And more over to in pass book of second lady  my mother in law itself is introducer to her for bank account she mentioned she is her daughter in law.

Hi sufferer 

 I understood i cannot do anything by force. Though he comes back i am not in position to receive him.........

  Thats why i am giving divorce on my grounds.... and i want to live happily ?

Opinion: If above is your thought then why you are worried and burning your blood for no result oriented case.

It's better that you have freed from the fraud and you have the independent life ahead to decide.

Why not you think,that life has given you a second chance to rebuilt your destiny,to rebuilt you life.....but not with that fraud.

See, I don't have any sympathy for him but I have sympathy for you it's not like that as I know you,it what I can feel your depression.

But believe me A marriage, A birth,A death all are not man made and no one can modify it or rebuilt it if all goes out of order.

So,a sincere advice to you don't ruin your life before 35 ----------for women once crossed 35 then chances of re-marriage also goes down until or unless she is not a Beauty Queen.