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kanhaiya lal (sepoy clerk (SD))     27 March 2014

Sir i got married to a divorcee. at the time of marriage it

Sir, I got court married to a divorcee at nainital ( place where her father was employed in teaching profession) in the month of sep 13.  She was divorcee that was known to me and my parents. I was ready to marry if divorce legally completed. She and her father told me that it is completed legally. Then on 02 sep 13 I went to meet her and on our very first meeting she made physical relation on mutual consent. Just after physical relation she said marry me immediately. I said OK I m ready. Then we both absconded to gandhinagar (Gujarat) my duty station(I m a army personnel). Then her parents called us to nainital by saying we will arrange or help you in getting court marriage. Pls come back to nainital and also called my parents but my parents totally refused to participate or involving in marriage. Then we both come back to nainital and my father in law arranged all for court marriage , that moment I asked for my wife's previous marriage divorce papers. My father in law replied " beta do believe on us . papers are not here in nainital. Papers are in our parental home in shamli (UP).we will give you later. First do court marriage.that moment I was surprised and got struck in such a situation. I agreed on the condition that they will give me divorce legal papers. We got court marriage on 09 sep 13. Then I went to my army duty station . after that they convinced my parents and requested for a arranged marriage. Arranged marriage took place on 18 Nov 13. That time also they escaped or avoid to impart me legal divorce papers. Arranged marriage also completed. She went to my parental house and remained there for 12-15 days. Then I brought my wife,my father and my mother in army Cantt. For living with me.from the first day in Cantt. she started weeping and behaving diffently. When I asked then she told me she is psychiatric since last few year and give me some psychiatric doctors prescripttion papers.then I suspected her parents why they are not giving me divorce papers. I told this thing to my parents. They requested me to get a reservation for them , they wanted to go home back. Without any reason sometimes she inhaled 10 sleeping piles. I and my parents got frustrated. They went back to our village. Then my wife started beating me with cruelty and threatened and abused me a lot . When I complained this to her parents .they also started threatening me. I complained this to my senior officers . they suggested me to go on leave and try to get this marriage annulled first because they clearly cheated me. They married her without getting divorce legally from her last husband. Now I want to know :-

Can she get maintenence or any other claim if this marriage declared annulled



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 March 2014

You said court marriage done. How come court marriage done without having divorce papers.It means both of you must have given wrong information to the courts. It is an offence for wrong information to the courts.

kanhaiya lal (sepoy clerk (SD))     27 March 2014

Sir, Before court marriage her told me she is divorcee and divorce has been legally done but at the time of registration in court her father had reflected her as never married. But i came to know this now when they started threatening me. Before just arround 25 days when i hard pressurise to produce legal divorce paper he (my father in law) just gave me a notary affidavite of divorce. But now i feel that they had not taken divorce legally so that her father reflected her as unmarried during our court marriage. Can he hide that marriage when my wife remained their for arround 2 months in interwals. I have details of her last marriage. Can they hide that marriage? (Pls let me contact you) My mobile number is 08607379947

Laxmi Kant Joshi (Advocate )     27 March 2014

You can file annulment of your marriage on This ground that your marriage was solemnised on false information govern by your wife and her parents after marriage you came to know she is not legally divorced exhibi

Laxmi Kant Joshi (Advocate )     27 March 2014

1.You can file annulment of your marriage on this ground that your marriage was solemnized on the false information given to you by your wife and her father that she is a divorcee but didn' t show her divorce paper , even before marriage so many times asks for them , after marriage when you had again demand to show you her divorce papers they show you a notrized affidavit of her divorce, only then you came to know that they had cheated you and dragged you in the mess , the marriage is solemnised on the ground of fraud and misrepresentation exhibit the notarised affidavit . 2. after anullment of your marriage no maintenance will be granted to her . 3. if you want you can file criminal case on your wife and her father .

Sudhir Kumar, Advocate (Advocate)     02 April 2014

not agreeing or disagreeing.

If your marriage is legally tenable then she can get maintenance  even without court order till you serve in Army.

 

Army will only see marriage certificate as it has no jurisdiction to examine its legality.


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