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HARIDOSS MUTHU (Proprietor)     29 June 2013

Need legal advice

Back ground : Sir I have an interim order for domestic voilence>it passed on 21st july 2012. In that they mentioned to pay monthly maintance to me and children.He applied rcr that was also in processing. both i had shifted to my place. that is chennai to pondicherry. after transfer not started the heiring. after 14 year from marriage now only i came out of the matrimonial house and filed a case against to my husband. i cann't tolarate his paranoid behaviour. It is affected to my boy children also. He giving emotional backmail and sought our quarrels in day to day life. I have no parenet, supporting by two brothers.Now i am with younger brother

i heard a news from relation and friends that is he shown a picture in mobile and told that he going to marry that girl one who standing with him . In that picture he and one girls stands closer.

My question: 

1. is it possible to marry or keep the family without any one knowing. what is the legel steps to make this me to favour  for my case

2. I don't want to rejoin with him. Because paranoid behaviour never disappear. In this status he asked to reunion to him in RCR court. 

3. I will give divorce with one term settlement. In that time if he ask to reuion to avoid to give settlement . what i want to do?

     



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 June 2013

You can file an injunction suit restraining him from going for 2nd marriage

Hemang (Advocate)     29 June 2013

No Hindu can marry second time, while the first matrimonial house is still subsisting. You may file a case for divorce and ask for permanent alimony.

Anjuru Chandra Sekhar (Advocate )     29 June 2013

Bigamy is punishable under Indian penal code.  He cannot marry when your marriage is legally subsisting.  Till he gets divorce he cannot marry.  If he marries he is liable for prosecution and punishment on complaint made by you.  You can file a counter to his RCR and in that counter affidavit itself you can pray for divorce and also permanent alimony (one time settlement).  You can also file a transfer petition to transfer that case to your town so that you do not have to attend legal proceedings in the town where he filed RCR case.

2BHelpfull (Other)     29 June 2013

"" I will give divorce with one term settlement. In that time if he ask to reuion to avoid to give settlement . what i want to do?""

you can file divorce under curelty .

 

if u donot have evidence that he has married second time then ur point will not stand in court .mere saying that he is going to marry that girl and no actual marriage has taken place then u can do nothing

 

"" I don't want to rejoin with him"".

in RCR, court will not force you to stay with him against ur will  .again in RCR if RCR decree is not obey for more than 2 yrs then there is divorce.for which approprate application must be made to the court after 2yr of RCR order.

u can claim maintance pending suit

u/s 125 of CrPC.or

u/s24 of  Hindu Marriage ACT.


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