Please help

If  you have married second time after the decree of dissolution of marriage then he has no case for nullity. Though the interveninys time of 30 days time did not expire at the time of your second marriage , in the cintext of no one challenging the judgment before the higher court the same attained finality.

As far return of article and torture I guess you have alredy initiated the process of complaint u/s 498A, 406,506,120B IPC, or u/s 12 of DV Act, u/s 125Crpc etc.

Thanks for your reply. Its a little complicated... so the marriage ceremony happened on the 1st may however the welcome and everything for the guys side was done on 30th night. The video CD etc has been made in continuity and  ...and does not include these facts obviously which is what they are challenging. We have the hotel room booking receipt for the 1st may and also the pandit testifying the same as well. I had no reason to marry someone one night before the decree passed when it was a case of mutual divorce and more than me my ex husband wanted to be out of the marriage. He is happily married now with the same girl and he didn't want to contest it at all.

So considering all these facts, how does the court function. I mean are there any chances that I might lose the case. Considering for a minute that I lose the case and the marriage stands nullified, would my charges on my husband and my in laws still remain. I mean I have all the proofs of the money that they extorted out of me etc...

Another important point is that my husband also has another dowry case that has been filed against him and his family by his ex fiance with whom they had broken the engagement since the girls side could not fulfill their demands of dowry. I was told a twisted story about this before I got married to him and I like a fool believed him and also paid Rs. 90,000 for the bail of him and his family. This case is still ongoing in the court of law for the last 4-5 years and no conclusion has been reached for that. Don't know if this would make a positive impact on my case or not.

the happenening with you is highly condemnable

dont worry you are not gonna loose any case

if the loans are on their name and you are paying then  file a civil suit for recovery of all the dues on husband and his family the suit is maintainable

Mere booking of hotel of giving treat to the guest does not amount to solemnization of marriage. It is the performance of necessary religious and customary rituals.or date of registration of marriage. The pending criminal case would be of some influence in your case if put in the opportune moment.

You are looking into the wrong shadow. If your complaint is proper the Police would have registered a case. I would suggest you move the concerned Metropolitan Magistrate Court under section 156(3) of Cr.P.C praying for a direction from the Court to the Police to register a FIR or in the alternative you can invoke section 482 of CrPC before the High Court for the same relief.

Also I suggest you look for reliefs under the Protection of Woman from Domestic Violence Act. You can get ex-parte orders for residence, protection, return of your property etc.

I suggest you contact your advocate and ask his to proceed in this regard.

Regards

Thirumaran.

Advocate, Chennai

i agree with thirumaran sir

Sir the police is registering the complaint this week. In Delhi, the FIR only gets registered after investigation from the CAW cell. They are done with their investigation and have asked the local police station to file the FIR. They are doing it tomorrow. My only concern is the false civil case that my husband has filed on me... it is fake. I only wanted to know how does court proceed in such cases. I have all the proofs etc. to proove the torture, money extortion etc. They are only jumping around coz they have filed this nullity case against me and thinking that they will go scott free because of this. The next hearing for this case is 27th feb. My FIR against them would get registered this week.

Victimoftorture,

1) Date in marriage cerificate is important.

2) Receipts are helpful to you for evidence.

3) You can claim your invested amount from your husband. As a co-owner you have right to claim your invested amount. Try to get your husband's income certificate and other source of income as evidence.

4) Beside all these you can make a complaint against your husband for cheating.

I also agree with Raghav Sood ji.

I would like to add that in a civil suit it is for the plaintiff to prove his case and stand on his own legs and he cannot take benefit of the weakness of case of the defendant. So, it is for your husband to prove his case and as per the facts narrated by you, it seems that your husband has remote chances to succeed.