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ARVIND KUMAR (LAWYER)     15 July 2008

FamilyCourt ProccedingU/s13 H.M.Act

Wife(A)has deserted by Husband(B).Matrimonial Petitionfiledin the month of March07,notices isued by the court at severaltimes (B) notappeared.Afterabout one year as on 16.1.2008 court has fixed further date for ex-parte evidence.on 24.1.2008 (A) filed her evidence alongwith affidavit and on same date first time (B) appeared and filed application for recalling the earlier order dated 16.1.2008.The court further fixed for objection and disposal.One thing is important that (A) aged about only21 years and her parents are willing to remarriage.What is quick remedy? Give me advise.


 6 Replies

aruntrivedi (lawyer)     15 July 2008

once application under cpc given for closure of evidence no evidences can be recorded - therefore the quick remedy is to file revision for re-opening decision of the court and taking the evidence of boy side. you can make an application to court to expedite the case not to wast prascious time and time of judiciary. Court may happly grant the plea and will pass a decree of divorce and once decree of divorce is passed she can marry immediately after 30 days of appeal period. Court should set aside the evidences and appearance given by the boy and should dismiss all his plea and the matter should be strongly argued by your lawyears on this base.

podicheti.srinivas (advocate/legal consultant)     16 July 2008

if possible both (a&b)should file an application for divorce under mutual consent for a decree of the present case if the husband is also willing then it will be very easy to get the relief.both can file a petition that they are willing to have divorce.if at all the husband wantedly files an appeal to harrass his wife within 30 days  she has to wait to get married untill the disposal of the appeal.during that period also the husband is not entitled to get married when the matter is in subjudice

ARVIND KUMAR (LAWYER)     19 July 2008

Thanking you Trivedi sir, cetainly I will follow your kind suggession.

krishna priya (house wife)     27 July 2008

sir,i need a very urgent help from you.sir, i got married 4 years back(love marriage).and i came out of my family due to their disagreement for my marriage proposal.but in this 4 years,my husband didnt allow me to give birth to a child.he has taken me to 6 times last i came to know that he is already married and he even has a child.when i came to know this i was ready to give a complaint on him.but my mother-in-law,father-in-law and his 1st wife convienced me and said me to come to a hotel so that we shall discuss the matter there and settle,i went to the hotel and they all came with an elderly person(an ex-mla) for the settlement.there they treated me very harshily and left me off in the hotel itself.then the idiotic mla,took chance to misbehave with me.i have shooted everything with the help of my cam mobile and copied into cd.after they came to know that i have this cd,1st wife has called to me and tried to conveince me alot.she said that all of us would live dont put complaint on the same time i even got a health attack due to those they got afraid and took me to their house so that i dont reveal these cd issues and abortion issues.they gave me lyproscopic treatment last month.and now i am again pregent.and again everybody started playing game with me.1st wife is threatening me to get abortion again and leave them and go off.orelse she is threatening me that she would put unneccasary cases on me and put me int jail.even her family members are always coming near me and harresing me alot.what should i do now sir?please kindly help me.i am in a very danger situation.and at the same time i dont have i want to stay in that house kindly help me sir....

SROTAS -Global Legal Services (LEGAL)     28 July 2008

Dear Madam,
First of all you have to lodge a complaint against your husband for cheating and against their family for threatening. Otherwise, they will take some hasty decision and it will be dangerous to your life. Be careful.
for further suggestions please call 09900595252.

aruntrivedi (lawyer)     28 July 2008

since yr status is of not legal wife, even if you have married as per customs. No option is left for you except filing complaint under Domestic Violance Act before the Magistrate - also you have to live separately because once the complaint is filed they will not keep you in their house with your (so called) husband, his official, legal wife and child with father & mother-in-laws. if you are somewhere in gujarat please contact me over 9825027096 because while marrying as a second wife (with our without knowledge) you have no right, of course you can file complaint under IPC 406 & 420 that you have been deceived and cheating by your so called husband also you can seek help of social organisations.further you can file directly complaint narrating the whole story with family Courts Principal Judge. I do not advise you to use that CD of MLA and do not try that option of black mailing. As a lawyer I would advise only to follow the law and whatever available legitimately you may try. You can file a divorce petition as you have married him (even cheatingly) under Hindu Marriage Act, but since you want to live with him it is not advisable. Under the provisions of Domestic Violance Act your in laws can be asked to furnish bond and also can instruct nearest police station and they can be stopped harassing you.

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