Upgrad LLM

second marriage proof after divorce order


Dear Sirs/Madams,

I am opposing divorce filed by my wife. My wife has performed second marriage and her second marriage is registered. Her divorce case is in argument stage. There are other cases like maintenance, custody of my daughter (by me), section 9 HMA (by me) and 498a case. All are pending. My daughter is now 12-13 years old and we are separated some 12 years before. I also have a son about whom wife has not disclosed to me or in court. She has chosen the person for second marriage with name very to mine. My name is "x y" and her second husband's name is "x kumar y". I am still in search of solid proofs of all this. My daughter knows all but she has successfully her kept away from me despite court's orders. She has changed the name of father of both the kids on school and birth records. Divorce case is time bound so not much can be done to stop the order.

My question is:-

If she manages to win divorce case and I could produce her second marriage certificate then how it will help to gain custody of my children?

Please advice.

 
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Dear querist,

 

Welfare of Child is of Paramount Consideration in Child Custody cases, as in your case daughter is about 12-13 years and son whose age is not shared by you, willing of child to join either parent will also be considered.

 

If you proof about second marriage of your wife in substance of first marriage, as she must have claimed her unmarried for many case like maintenance then this definitely help you in all the case as that will proof that she has come up with court with unclean hand.

 

Courts have negative approach on the payers of people who joins court with un clean hands.

 

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600


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Thanks for reply,

There are hell lot of complicatons in my cases. My son is one year younger (11-12) to my daughter and I have never seen her. The pregnancy of son was discovered by wife only when she has lodged FIR of dowry harassment. Recently my daughter whom I had not seen from 2-3 years, when came to court for visitation told the judge that I have assaulted her though I have visited my daughter in court room only and total visiting time till now will be less than 12 hours for a daughter of 12-13 years. From begining to 7-8 years of age she knows that her nana-nani are her father-mother.

My wife has already taken divorce by mutual consent by putting this person as her real husband from some other district. Based on that divorce decree she has managed a job in a corporation where her new husband also works. She enjoyed 5 years relaxation in upper age to get that job. Though, I have not strict proof of it but I will defintely get it. While getting the divorce by mutual consent she has divided both the children, the son is given to him and the daughter remained with my wife. After registering marriage again with this person, she started living with her new husband and taken out my daughter from her school and admiitted her in another school with her father's name changed to new husand.

Wife of a close friend of my wife's second husband informed me all this but she can not come to cout for giving evidence. Me and my wife's second husband's friend are neighbour. Almost 90% of the infomations I got from my neighbour are found to be correct. But there are some gaps, I do not have the name of city where the marriage is regstered and from where such mutual consent divorce is taken.

On an enquiry, I found that my daughter is kept like a prisoner. She goes to school in full security and with another girl who constantly manges her in school and comes back from school in tight security.

I was hoping that once my daughter will get an opportuinity to speak she will tell the truth but, it has not happened. My daughter had spent very tough time and I still hope if judge will interview her in his chamber she can tell the truth.

As for fighting the cases I was forced to resign from my regular job. So, I lack financial resources to hire detectives or very good lawyer. I have approached 2-3 times to police. But this fellow (my wife's second husband) managed them.

I do have correct address and many other details. My wife has refused to settle the matter on a propsal by me in open court:- "I undertake to protect my wife/"others involved" if wife tells the truth and cooperate in settling the matter."

How helpful it will be if I write to CJI? I have read that SC has power to do complete justice. (CJI because cases are tried in HC direction) 

I want to secure life and future of my children and have very least interest in demolishing careers and life of my wife and her new husband. My children have very less time in attaining maturity and with these cases and some new cases (bigamy, fraud etc.) their future and life can be secured or not, it is a big question.

Please advice.

 
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Advocate

Firstly withdraw the useless petition under section 9 HMA filled under wrong legal advice and file petition for divorce under section 13 HMA on the ground of cruelty and desertion of more than 2 years. All the facts you mention here can be stated in your divorce petition. File independent petition for complete custody of both children under the Guardians and Wards Act if that has not yet been filled. Seek amendment of the original petition if already filled seeking adding name of your son also for his custody along with the daughter. Fight out criminal complaint filled against you on merits as that you will ultimately win and get out of the criminal charges made against you. Try to find fact about her second marriage with help of honest detective company in your city and collect all evidence in this regard with out which you can do nothing against her on her act of bigamy.

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Advocate

I am opposing divorce filed by my wife. My wife has performed second marriage and her second marriage is registered.? If your wife marriage is registered why you want proof?

Her divorce case is in argument stage. There are other cases like maintenance, custody of my daughter (by me), section 9 HMA (by me) and 498a case. All are pending.? Her divorce case with you or with other?

My daughter is now 12-13 years old and we are separated some 12 years before. I also have a son about whom wife has not disclosed to me or in court.? Seperated for 12 years why divorce proceedings now? You have a son and you have no knowledge of having a son, "Incredible" !

She has chosen the person for second marriage with name very to mine. My name is "x y" and her second husband's name is "x kumar y". I am still in search of solid proofs of all this.? With all those facts and evidence what proof do you want? 

Indeed your case is a hellish story and it will be a mind boggling for the trial court too, but only the trial court can help you out by removing the chaff from the grain by way of questionaries from both the parties etc. If you want to produce further proof you may do so as advised above. 

 


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Some clarifications:-

If your wife marriage is registered why you want proof?

A copy of my wife's second marriage cetificate is not with me. I do not know in which city they registered their marriage. Out of 4-5 possible districts I have to search one by one.

Her divorce case with you or with other?Seperated for 12 years why divorce proceedings now?

She has filed divorce against me only after 4 years of separation. Her divorce case is 8 years old. Initially 498a and then maintenance case were filed by her.

You have a son and you have no knowledge of having a son, "Incredible" !

I know about the son but I do not have solid proof about it.

When my wife left me, she immediately filed 498a case against my all family membes at that time my daughter was 4 months old. Soon after she lodgged FIR she came to know that she is pregnant again. Since at that time they were very confident that we will come and touch their feet for saving us from police torture they have not informed us about son. My father in-law has 3 daughters and eldest one is my wife. So, they continued pregnancy and after 2 months conducted a gender test, when gender test gave a male child, they continued the pregnancy and informed us by a anonymous call that my wife was found once again pregnant and the gender test shows a female again that is why they aborted.

Latter, during a negotiation, they have shared a document of mutual consent divorce, a para about the son was written in that and when we asked, my father in-law said, it was a mistake. Soon after that, I have seen photographs of both my kids on facebook account of my father in-law. 

Once, they hide the son from us, they have to hide him forever that is why they have shifted my wife for 2 years to some relative's home in some other city. To hide the son completely, they have seached and found a person whose name is very similar to me and ready to marry my wife. Their idea is something like whoever real or on-paper husband can be switched according to the demand of the situation. The names "x y" and "x kumar y" are considered same. One can say, it was a clerical error.

I do not know details around my son because once my wife left me there is absolutely no communication with her. Only her representatives talked with us afterwards. Nobody picks my phone.

My daughter knows all this and she has seen all colours of them, that is why, my wife is trying hard to keep my daughter away from me.

With all those facts and evidence what proof do you want?

I know all infomation from a source who can give me information only but she can not come forward and give evidence in court. A copy of forged mutual consent divorce petition, order and decree is not with me.

 

 

 
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