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Shekhar   04 May 2020

Man got married by hiding the previous marriage and child.

Dear Sir/Madam,

I would need your kind advise on the below case that has happened with my sister. She has briefed the below fact which I am sharing with you all to have guidelines.

I Got married to a so-called public prosecutor as on 11th March’2020 through the newspaper advertisement wherein there was only written that the person is a public prosecutor, divorcee with age 42 having his own house.

When called on 9th Feb’2020(first attempt), this person categorically mentioned that he was issueless, divorcee earning Rs 30000 per month and some extra via other sources (filing income tax return).

He mentioned that he wanted to settle in Kolkata after getting married.

Conversation starts and we planned to meet on 14th Feb’2020 wherein he disclosed that he had twin sons and since he did not get their possession or custody, he has simply omitted their chapter from his life.  When asked the reason for his divorce, he complained that his ex-wife had an extra marital affair and these twins belong to their relationship, which got caught and ended up in divorce.

I got convinced with his behavior and attitude and asked him to meet my parents at my residence.

In a week’s span he visited my family with his humble and submissive attitude which helped him to convince my parents so easily at his first appearance.

My parents met his guardians at his residence and fixed the marriage date as on 11th March’2020 according to their wishes which was held in a temple following with all Hindu Rituals.

The Marriage Registrar came to our place as on 12th March’2020 for the application, and the final registry is still pending due to lockdown extension.

Coming back to Kolkata after 6 days on 18th March’2020 for a ritual called Dira-gomon, we both got stuck due to janata curfew and lockdown, and he stayed back till 15th April’2020 and left in early morning at 16th April’2020 with a special permission on the basis of his mother’s  medical  documents.

In the meanwhile, during his stay, he started demanding a huge amount of money and when not fulfilled he started accusing me for no reason intentionally without any facts. This happened several times in front of my parents in my house. We all got shocked at his bad and ugly behavior.

After he left, he started calling my mother asking for the same amount of huge money indulging me with different allegations and accusations again and again.

 I came to know from many reliable sources (whom I got introduced after marriage) that he married a 16-year-old minor in the last durga pujas ‘2019. This girl went back to her village and did not want to return, he got caught by the local police and subsidized the matter in exchange of a lumpsum money. This incident is known by almost each and every person in his locality. Moreover his entire family members were involved in this nuisance.

He and his entire family suppressed the matter in front of us at the time of marriage and still doing so.

Please note every time he conflicts, he starts acting weird and starts behaving that since he had a bad temper, he loses his temper and reacts like this and asks for apologies, and again starts repeating the same conflict after every 2/3 days, which he was doing so.

Seeing his colorful, ever changing nature and attitude, I don’t want to continue this marital status any more. Since the ceremony had occurred as per Hindu rituals and the marriage registry is still pending, I do not know my next move in this situation.

All I want is to be separated from this person in every aspect, so that I don’t get harassed by him legally in future and want all my belongings back safely.

 

Regards,

……………………………….

Kolkata, West Bengal.



Learning

 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     04 May 2020

Hello!

 

At the first place you were supossed to check the family backgorund and the divorce details of your husband.

 

If he is demanding dowry, then you may take the necessary action against him under Dowry Prohibiton Act. But you need to have the substantive proof of the same. You may file the petiiton for divorce after one year completion of marriage. in this case you cannot go for declaring the marriage void as mere supressing previous marrriage details wil not give you the right to get the present marriage declared as void.

 

Regards

Adv. Rohit Dalmia

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