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Prashanth G (Software Engineer)     04 July 2016

My wife married with out divorce

Hi Sir, My beautifull wife filed a 498A case & DV act /Maintanance cases on me in the year of 2012 march, In the DV Act /Interim maintanance case, She has given false affidavits in MMTC ,FTC and HC of Karnataka courts regarding her salary details and employment details . She stated that she doesn't has job and not working any where , For first 2 and a half years all courts trusted her and passed 10 k per month interim maintanance order for my wife only , But after it came to final cross examination i found that she has been worked for 3 different companies with 2 different names ,Same thing i have informed to the court in the pitition ,Court has passed the order to her employer to provide the employment details of my wife , Next day her employer appeared in the court and submitted her employment details (she was getting 33 thousands per month) , From my side I have given correct information to the court about my salary of 60,000 per month ,So it has been proved in the court that she has been drawing handsome salary , After the final argumnets judge has passed the order of 8000 per month and 4 thousands for the baby only (we have one kid with the age of 2 years ), but my wife prayer is "she is jobless and due to domestic violance ,my wife need maintanance , in this case my baby is not a party and in the prayer my wife ONLY asked for maintanance . But judge has given maintanance to my kid 12,000 rupees per month (8K +4K for education) , this order came from the MMTC court on 2015 june ,,Now i went for session court for an appeal and its still runnning inthe court with stay order . Based on the above flase affidavits i put a criman case on my wife one year back ,now court has passed PCR to police station and F.I.R has been registered on my WIFE , with the sections of IPC 420,406,181, 415 . So i have been fighting ALONE in the courts from the past 4 years , but my wife has big support from her family members (since all people are well educated and worked) ,initially she demanded for 20 lakhs ,after that she asked for 16 lakhs ,then she asked for 13 lakhs and 2 months back they asked for 8 lakhs , This FIR has been filed on her just 2 weeks back ,she doesn't know about this event , Please note that this false lady has been filed for divorce in the family court 5 months back ,but i am dragging this wothout taking summons ,
My wife got married without a divorce last year june ,i have seen where she is staying and her new husband ,collected her packers and movers bills ,KSRTC travel bills and bank statements ,
 Please assist me what should i do now . Regards , Prashanth ,Bangalore



Learning

 11 Replies

Vibha   04 July 2016

  1. Wife living in adultery not eligible for maintenance.
  2. If you have proof of solemnized second marriage then bigamy is criminal offense
  3. The man she is living with is also liable under criminal adultery.
  4. You can pursue one or all of the above in consultation with your counsel
  5. Your wife has put you through lot of trouble yet you call her beautiful. You sound like a thorough gentleman.

JustAdvisor (IT)     04 July 2016

i agree with opinions given by learned expert. the adjective used by you though would be taken by me with a grain of salt though :)

Khush   04 July 2016

expert above has beautifully guided u.

u can easily get divorce on adultry, as well as its crime marrying with legal husband alive

Kumar Doab (FIN)     04 July 2016

You have been advised well in this thread, and other threads initiated by you.

Attempt and you shall succeed to prove.

You may also benefit from th initiative started by LCI expert Mr. Shonee Kapoor.

The demand has come down from 50 to 8lac.

Once you have proved, you can guess who will demand, who will offer and what shall be in the offing!

 

https://www.lawyersclubindia.com/experts/second-marriage-with-out-a-divorce--598226.asp

 

https://www.lawyersclubindia.com/forum/My-wife-un-officially-in-relationship-with-a-man-136649.asp

 

https://www.lawyersclubindia.com/forum/My-wife-married-a-man-with-out-a-divorce-136959.asp

 

 

 

 

 

 

A walk alone (-)     04 July 2016

I really suggest you go MCD with the help of this FIR . Black mail her with this FIR and go MCD. Because by proving her adultery or any case IPC 420,406,181, 415 . You will only waste time. These cases may run three years more . In total you run in court for 7 year (4 years already you run). Nothing except divorce you will get as court procedure is long and time consuming. Time can never come again. Dnt spoil your next three years in court go MCD find someone else. Live happy life. Forget all as a bad dream.

dr g balakrishnan (advocate/counsel supreme court)     02 August 2016

how do u prove sir?

kuljeet singh sohal   28 August 2016

if you know with whom she is living adultry contact that person personally and tell him your full story about blackmailing you ask him to support and file a fir in local police station un sec 494 concealement of fact and remarrying without divorce tell him that it is mandatory for him coz if you file fir against her he will have under same ipc section if he agree then it is best option to file from both side and girl can caught red handed

dr g balakrishnan (advocate/counsel supreme court)     28 August 2016

it is obvious she doesn't want to live with with you for any reason. why pursue?

dr g balakrishnan (advocate/counsel supreme court)     28 August 2016

she will not pursue with you nor would ask maintenance? wait for two or three years, then you agree to her decision, then she will not move against you nor you against her, that way both sign an MOU, then go ahead with your other marriage, thst means neither would file bigany proceedings against each other too, as both woud be punishable , better forget it as a bad dream. tks 

dr g balakrishnan (advocate/counsel supreme court)     28 August 2016

fact is very divorce law is not standing on four spuds or you may say not on four legs, in fact that aw suffers from so many infrmities, as on date, like gay marriages.....

dr g balakrishnan (advocate/counsel supreme court)     28 August 2016

divorce law is a law like surrogacy law, that is getting struck down by a new surrogacy law. one canot misuse even any kind of law; see 1947 prevention of corruption act is now modified by 1988 Act, when it wrongly penalizes wrongly good public servants, do you think the court will allow such laws, obviously not but the courts would by judicial review use doctrine of severability or declare ultra vires constitution as no Act can just kill your fundamental rights that is the basic tenets of democracy. 

you seem not a right good husband for her, that may be the reason she chose to leave you, as it is you never mentioned how you were marriried under what procedure of laws is it not? sir. tks. 


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