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Sonia david (executive )     13 October 2009

Kindly advise for Marriage Annulment/Seperation or Divorce

My friend is a 36 years old residing in GCC with her husband and small child of 4 yrs old for past 9 yrs , she married an Indian national knowing that he was already married with  2 children,  when he married her he fogged her saying that he would soon give divorce to the first wife  but till date this  did not happen,when her child was born he left the house for past 4-5  yrs she struggling on her own , but he comes and goes she is now sick and tired of his behaviour towards her, she has  also discovered the  her husband is a womenizer , adultrious and flirts with several women their relation is getting worse  day by the day. He has had several affairs with his colleagues and so called business partners he has even gone to the extent of getting himself registered to matrimonal sites and finding partners for getting married . He generally starts of with a chat or a business call then the casual chats began with others through chat sites, & with people he generally meets . For my friend it has been hard to face these situations repeatedly, making her  insecure, scared and low and in fact already making her  a single parent in reality! She has also  now stumbled upon few evidences that show his recent chats with women of different nationalities. Having  seeing this for years she is at  the verge of giving up. BUT, without causing much of a trauma on the young child currently she has discoverd that he is Indulged in another Marriage In  another country , with different identy ???

Her  questions are:-
Can she opt for Annulment of Marriage since the Marriage never took place properly , she is holding a marriage certificate which is govt. attested and approved ?

All her legal /travel documents contain his name and she wants to cancel his name from all documents.?

Does she need to apply for seperation if she needs childs support or divorce.?

Where will the legal proceedings begin? does she need to travel to India for this or will the Indian Consulate help her out.


Appreciate your reply on providing answers to the above.
 



Learning

 5 Replies

Deepankar Dutt Sharma (Advocate)     13 October 2009

The 2nd marriage is itself void but you don,t need to change the name on marriage docs, as they can help you to book  the husband u/s 496 IPC & if there is cohabitation during the period then 493 IPC will also be added to book him where the  husband will get a punishment  which may extent to 10yrs & fine.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251,

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MARRIAGE AND CHILD AND PROBLEMS FACED BY LADY KINDLY NOTE THAT.

1.REGARDING THE MARRIAGE KINDLY GIVE EXACT INFORMATION ABOUT PLACE OF MARRIAGE ,RELIGION FOLLOWED BY THE HUSBAND AND SECOND WIFE AND FIRST WIFE.KINDLY FURTHR MENTION THE PLACE OF RESIDENCE OF II WIFE AND I WIFE.AND MARRIAGE WHETHER REGISTERED  AND WHERE REGISTERED.

2,ACCIRDINGLY WILL FILE PETITION FOR DIVORCE/ LEGAL SEPERATION AND ALSO FOR CLAIMING MAINTAINENCE AND SHARE IN THE PROPERTY OF HUSBAND FOR WIFE AND CHILD.

3.KINDLY NOTE THAT INDIAN LAWS ARE FAVOURING MARRIED WOMEN AND CHILDREN. IT SEEMS THAT POOR LADY IS CHEATED BY THE HUSBAND, HENCE IT IS ADVISABLE THAT LADY CLAIMS FOR MAINTAINENCE FOR HER AND FOR CHILD AND ALSO FILE A CRIMINAL CASE FOR CHEATING AND UNDER OTHER SECTIONS OF I.P.C.TO PUNISH THE CRIMINAL MINDED HUSBAND. INDIAN COURTS ARE COMPETENT FOR GIVING FAIR JUSTICE TO THE POOR LADY. SHE NEED NOT SUFFER ANY FURTHER.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND THE DETAILS ABOUT FACTS FROM DATE OF MARRIAGE TILL TODAY. WILL DEFINATELY HELP.

KINDLY WRITE OR CALL.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

Sonia david (executive )     14 October 2009

Thanks you Nandkumar for coming back on this, Their Marriage was held in India Religion followed by Husband , 1st wife and 2nd wife is christian, Husband and 2nd wife is residing in UAE where as the 1st wife and her kids are in India.The marriage with the 1st wife is registered from church, the 2nd Marriage is again from church in India?

If the second Marraige is void, can my friend file for petition to nullify the Marriage and ask for support of the child.

Khaleel Ahmed (Legal Advisor)     14 October 2009

Mr.Nand Kumar rightly advised your problem.Religion of Husband is more important before we can advice.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MAINTAINENCE AND DIVORCE KINDLY NOTE THAT.

1.MAINTAINENCE AMOUNT CAN BE CLAIMED FROM THE HUSBAND FOR LADY AND HER CHILD.

2.KINDLY NOTE THAT CHRISTIAN MARRIAGE ACT WILL BE APPLICABLE AND THERE ARE SEVERAL JUDGEMENTS OF SUPREME COURT OF INDIA REGARDING THE SUBJECT MATTER.

3.THE LADY CAN FILE THE PETITION TO THE COURT MENTIONING THE FACT THAT THE FIRST MARRIAGE WAS NOT DISCLOSED BY THE PERSON AND CHEATED THE LADY.COURT WILL PASS APPROPRIATE ORDER .IT WILL BE USEFUL FOR THE LADY TO SAFEGUARD HER INTEREST IN FUTURE.MAINTAINENCE AMOUNT CAN BE CLAIMED FROM THE PERSON.

IN CASE ANY FURTHR HELP IS REQUIRED KINDLY SEND DETAILS AND WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS AND ALL CONCERNED.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.


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