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MAJ   03 March 2016

Urgent need answers about marriage & dv act?

Dear Experts,

I want some query about the marriage and DV Act. Please answer me.

  1) A married and divorced women having grand daughters and son can ask for rent/alimony from the second husband means they dont have any children that children are from 1st hub? Yes / no Plz give any rule or law how?

  2) For SC / ST people they can got divorced from gram panchayat with one letter we are divorced, that divorce letter can be acceptable by court as a divorce order?

  3) Above said 2nd point that women after got divorce from gram panchayat she married a man before notary public and make a bond for marriage that can be acceptable as a marriage by court?

  4) Police FIR case final report says that women and me not lived with livein relationship but social welfare officer says she made field enquiry we are lived in livein relationship (i think they are created by two or three false witness) which report court accept and what can i do further?

  5) From above said 4th point of my condition if i go for quash the DV act to High Court can i get +ve result? Because now i am working 800Km away from my trail court. i cant attent every hearing.

   6) In DV act case she filled she was the legal wife it can be acceptable? with Voter ID have my name as hub name?

   7) In my true conscience i was not did any adultry with her and  i was not lived in livein relationship they are made 4 fake documents and 3 false witness for money. What can i do in DV act shall i face trial or quash to HC?

Thanking you


 5 Replies

Vijay Raj Mahajan (Advocate)     03 March 2016


1. No. Wife can claim maintenance/alimony/place of residence from the first husband who is on record still her husband, second man can maximum be called live in relationship man with her.

2. No. The divorce is null and void, she is still wife of first husband.

3. No. There is no valid marriage between both as the first marriage of wife still exist and no ceremonies of Hindu marriage solemnized nor Civil marriage performed before the Marriage Officer under the Special Marriage Act,1954.

4. Court will consider all evidences and facts of the case before deciding the relationship.

5. High court will consider all evidences, facts of the case to decide if the DV complaint should be quashed.

6. Mention of your name as husband's name in Voter card is not sufficient proof for validity of marriage if the wife already has living husband.

7. Prove her having a living husband as her marriage not dissolved through decree of court, customary divorce is not valid in this case as no such custom exist that she will be able to prove in the court and hence get the DV matter quashed.

MAJ   03 March 2016

Dear Vijay Raj sir,

  Very very thankyou for your worthful reply one more thing for help

    1) My advocate told me in some area that gram panchayat divorce for SC/ST people (She told in court they are divorced in 1998 is it possible for 1998 law)     can be acceptable by family court. Is it true?

2) And he told But for your fake marriage, we can prove you are not the husband of her. Is is true?

Vijay Raj Mahajan (Advocate)     03 March 2016

Your advocate is not experienced enough. The customary divorce is valid under section 29 of HMA only in those cases where such custom exist that has to be proved by the party which alleges the valid divorce in form. After the coming of Hindu Marriage Act, 1955 the valid divorce can only be allowed by the district court under this Act and the customary divorce will not be held valid. There are number of High Court Judgments in this regard, if your advocate has no knowledge of these than it’s not my problem. He is being paid by you not me, I hope you understand this.

Secondly the validity of your marriage itself is null and void from both points as I told you.

MAJ   04 March 2016

Dear experts,
1) Plz anybody give me any HC or SC judgment customary divorce is valid or customary divorce is not valid?

2) If i go for quash the DV Act at HC what are the documents are needed? and Howmuch money i shall spend (Plz give approximately)?

3) Customary divorce is admissible when and what are the documents needed to say the customary divorce is valid?

4) What is the format of customary divorce documents? They submitted to the court with one bond paper? Is it valid ?

5) Any body have the format of customary divorce?

6) How i can fight against customary divorce held on 1998 with her and 1st hub? i am forward caste that false accuser was reserved caste ?

7) I am a government servant they are threaten for money?

MAJ   05 March 2016

Dear Sir/Madam,

       I am working in government organisation.  Before 6 years that women resided near by my own house with her daughters and Grand daughters. She propose me for illegal love and contact, but i was not did it and i advised her dont disturb me anymore. After some days she vacate her house from my area and went some other slum area means she was already stayed there more than 5 or 6 years before came to my area.

     And lodged one complaint in their area police station said that I and she are lived as like husband and wife in my area around 1.5 years for to threaten money. Police inquired and close that complaint that is fake. when the time of closing that complaint SI of police got one petition from me like i was not lived with her.  After that women collect that my petition from that police station.  And She created one notary marriage bond with my sign was in that my petition.  That notary public bond said that i accepted her as a wife before 9 years.

      From that bond she created residence certificate & Voters ID for her with my name as husband name. After a short while she sent one complaint to Cheif Minister Cell said that we are both lived a family life past 3 years in their slum area & i collected from her around 5 Lakh of rupper with 3 false witnesses(women).  Enquiry to that complaint they are borgain the amount in police station.  Police people very well known about her. But they are not enqiure the case properly.  They are also told me give the money or else she will not leave you.

      Why because she have more documents it is fake or original that is another matter but people and law only belive the woman not man. But my true conscience i was not did any adultry with her and i was not lived in livein relationship with her.  I am not given any money.  I  decided to face the problem.  After that complaint also closed.  

      After she made complaint to Judicial Mag. to logde the FIR to me and my family with 498-A & SC/ST Act some other sections.  That FIR also closed by MISTAKE OF FACT.

      Now she filed a case under DV Act JM Court, On that court one report i saw from Social Welfare Officer of the state,  She stated that we are lived a hub and wife in that 3 years in that slum area. And another case also filed in Family court u/s 125 Crpc these two cases are now going on.  My lawyer also told me why you stand on stubon,        man cannot say we are pure if any lady acuse the man,  law always on woman side only. So settle something and get the peace. 

    In I am thinking that family court case will end with in 2 months here i can get +ve result. I am only have fear about DV case for that my family members name also included.  They are also suffering for me.  And also many body saying in DV case if they proved we both are lived livein relationship that is enough she got alimony/Maintanance or stay order to your house.  Is it true? I am only lean upon the foot of god? I already spend some more money for cases? Still cases not finished what can i do ?

1) Customary divorce means she submitted one bond papper stated that her 1st marriage divorce by local panchayat as per tradition of their caste at 1998.  My lawyer also told me some SC/ST caste it can be acceptable by the court? Is it true?

Now what can i do please give your suggestions    

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