Shekhar Chourasiya (Proprietor) 13 February 2015

Second marriage withour divorce

Second marriage of wife without divorce in first marriage, Husband filed Nullity of marriage petition where she appears and she taken back all her "Streedhan" but with a condition that she will file a 13 B and will write everything that no maintenance she will take and all the "streedhan" has been taken by her in 13 B petition.

After that she appears in 13B after 3 month's date in the court and after 6 months she filed an application for withdrawal of 13 B.

After that she filed DV petition in her home town. Total 1 year and 9 months later and after all the above circumstances, she has filed DV petition

Is this petition rightly considered by the court ?

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4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 14 February 2015

Dear, Rightly considered.... But mention all the facts in your written statements and strongly oppose the case . Kapil Chandna Adv 9899011450

(Guest)

The system is so, that anybody can give any application and the court even see whether it holds good or not, blindly it will accept any application given by anyone at any point in time. In your case, its DV act.

Fight DV based on merits. As the wife has married second time without getting divorce from first one, she can very much be nailed in accordance with law. All you need is a competent lawyer to fight this excellent case.

saravanan s (legal advisor) 14 February 2015

In addition to the experts opimion I would like to add that the dv must be filed within a year cohabitation had ceased.

Shekhar Chourasiya (Proprietor) 14 February 2015

Thanks to all, Saravanan Sir, Can we move an application before reply (WS) to her petition that -

"She has got second marriage without divorce and she is already presented 13-B in which she has written that all the "Streedhan" has taken back and she will never demand for maintenance in future, so this DV petition should be quashed ?"