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tushar   25 July 2018

Rcr filed by second wife

Need advice on below:

Second marriage took place during the pendecy of of first marriage. All inform was shared with seocnd family about the first marriage. Immediatley after gandharve marriage in Temple, second wife left home and filed cases under DV, 125, 498, 420. Ground for cases is concealition of fact about first marriage (420) and cruality for DV. The 498 and 420 rejected by sessions court. 125 is also rejected and maintenace is allowed under DV by junior court. Same is under appeal in district court. I am paying maintenance regularly as directed by the junior court. We have filed Civil Suit for Null and Void declaration of second marriage as same has taken place during the pendency of first marriage. Now second wife has filed RCR under Sec 9 of HMA. What will be further course of action? Please guide.. 



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 9 Replies

Adv Deepak Joshi +917017821512 (Advocate)     25 July 2018

What is status of first marriage?

Need to talk with you  in details about additional facts of your matter, if you willing can reach me at Mb/Whatsapp 9456777600 or Djaa.legal@gmail.com

 

tushar   25 July 2018

First Marriage is over now..

Vijay Raj Mahajan (Advocate)     25 July 2018

Second marriage took place during the existing first marriage, on this very ground the second marriage is null and void. Section 9 HMA petition of RCR will get dismissed on this very ground. The first marriage even if that is dissolved now will not make the second marriage valid now by any mean.
1 Like

(Guest)

Good answer by Vijay adocate.

tushar   26 July 2018

How to handle this RCR now filed by this second wife??What grounds should i submit for rejecting the same? If i say she has filed 498, DV, 125 etc.. and now she want to stay then will it hold by the court? It may happen that the appeal against her maintenance filed by me will be in our favour. Can she ask alimony under sec 24?? pls guide.. 

TGK REDDI   27 July 2018

.....  shared information  ....  .   Unless in writing, it's of no use if your second wife pleads unawareness.

The second marriage can't, in my poor opinion, be null and void but you'll go to jail.     If your second wife and onlookers of the marriage will, if they know of the first marriage and admit as such, also go to jail.

You've taken matrimonial affair casually and recklessly.

1 Like

TGK REDDI   27 July 2018

As to the RCR Application, the second wife has, I think, to withdraw the cases she filed against you.

You can, however, challenge and oppose the RCR.    Or you can receive her.      It's up to your sweet will.

Adv Deepak Joshi +917017821512 (Advocate)     27 July 2018

If ground of Defense in RCR case is second marriage is null and void and reason for second null and void is substance first marriage.

Then gentlemen definitely you will go to jail.

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

I don’t understand what your second wife and her advocate are doing why they are trying to trouble with smaller one. When you can be booked for big on.

tushar   27 July 2018

TKG Ji and Deepak Ji,

But with the Gods grace the 498 and 420 filed by the second wife is quasshed by district court has ruled that there is no cheating in this matter. Factually the cases are filed only to exract the money and misue of law. almost of all the cases are going in our favour even the maintenance appeal also will probably go in our favour. My question was limited to RCR and i got the answer for the same. 

Thanks gentleman for giving your expert comments. 


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