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aisha (fin adv)     12 November 2010

what is my Marrital status ????

I have moved an application for declaration of wife's name in distt court to order department where my husband has given wrong wife's name to order them to update wife name ie me. Respondents are that department (state govt), my husband. Now my husband has filed reply denying the allegation and saying that i dont have any legal relation with him and he is married to that other women only and he has rightly given her name as she is his wife. He is alleging that he was under impression that he got married to me on 23/8/1996 thats why he filed divorce pet in 2006 , but he is alleging that i denied that marriage in the court ( there is one my reply to divorce pet where it has been denied by mistake , but when my evidences were recorded on later stage i had admitted my marriage on july 1996 as well as 2005 )and said that i said that got married to him on 30/8/2005 only, thats why he withdrew that divorce case.THe fact is that he withdrew case after high court order to enhance my maintenance And that i forced him to contract marriage on 30/8/2005 and that marriage cant be legal as he is already married to other lady on nov 1996.
He is just messing up the case.I have also filed bigamy complaint in another court. I am also getting maintenance in domestic violence case since 2008 and also pending same revision in highcourt for enhancing amount.
Now i am very disturbed , i dont know what going to the fate of my cases and me?

Can anybody keep on changing statments like this ??
Is not he liable to be punished for all this ???????


Plz also gothrough my earlier querry which i am also coying heredown.

(I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he has given her name "other lady" in difeerent documents when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,

Affidavit giving his / wife property details to Election Dept in Sep 2009.

While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents

That lady has also made voter card with husband as my husband

While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy

He has completely ruined my life.Now i want to file case against my husband and also that other lady

My querries :

1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)??????

2. if i file bigamy case, can i make other women party or witness
3. can any offence is made out against other women

4. what other action i can take againt both of them )



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 3 Replies

ashish lal (Advocacy)     12 November 2010

What do you want out of these cases? Try to figure that out first.  Your cases appear to be strong but then unfortunately matrimonial cases have become long drawn process.

You have to understand that he can save himself only by demolishing your cases. Messing up opponent case is part of litigation and unfortunately you have bear the same. 

aisha (fin adv)     13 November 2010

i want to finish my cases earlier and judge should take proper action. I know i got all the proofs agaist my husband , but still jdiacry /police is not takink any action


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