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BJM_BJM_BJM (Service )     05 April 2010

WRONG DIVORCE & FIGHTS

Learned Sirs ,

Please Guide.My marriage was dated 27th September 2006 under Special Marriage Act  at Dehradun and was thus duly registered  .Then my marrige took place as per army Hindu customes at Dehradun on 23rd Nov,2006 .Then staight after I went to vIshakapatnam to my inlaws to attend reception at Vishakapatnam on 29th Nov,2006.I stayed there for a week and then came to Ludhiana to stay with my  husband where he was posted. Thereafter I stayed there .........Then I was tortured to such extent that my parents had to take me back to Dehradun on 15 Sep,2007 . Thereafter I stayed at Dehardun and tried to  repair my relationship. and tried to go back but they deseted me......when my inlaws forced me for divorce after waiting for a year I filed Restitution of conjugal rights and Maintainence in April 2008 . Thereafter my husband filed divorce at vishakapatnam in june 2008( This fact was hidden to us ... notice etc was send on wrong address and he took ex-partie divorce ). Meanwhile he attended the court case  at Dehradun and kept quiet .The divorce took place on 20th feb 2009 . We meet as husband wife and even lived as husband wife at various reconcilliation centre and court but he kept quiet. even after this date . After the limitaion period was over he made a false police complain against me taht I know about the divorce and is disturbing his peace.I Then filed order 9 ,13 at vishakapatnam in june 2009 .......the cese is still on .... it can be only transfrered once the restoration application is accepted......... I have limitations taht I cant go Vishakapatnam again and again and the court there is slow... personal presence is not there and hence everything is slow. Later I found that the expartie divorce decree shows the divorce of the marrige dated 29th nov 2006 (my reception date) under hindu law ...This wrong decree was used to remove my name from all army records and my husband immediately started the procedure for second marriage . i got the injunction order from family court dehradun restraining him from marrige . My question is :

1. My marrige as stated was 27th sep,2006 under special marriage act  and divorce is of marriage dated 29th nov 2006 under hidu marriage act . Am I bounded by the Dvorce ?

2. Why I have to fight against a decree which is frauduleny  taken(husband sworn in affadavits in coue\rt at vishakapatnam when actually hea was in meerut for duty ).

3.I have written thosands of letter to army chief and all but they have accepted the false decree and it clearly shows tahyt even their records donot tally . How to stop Army fronm futherance of wrong .

Regards Bharti

 



Learning

 1 Replies

Swami Sadashiva Brahmendra Sar (Nil)     05 April 2010

So far action in army is concerned, it will be governed by relevant service rules.

Your suspicion is  right that normally the case can be transferred after it is restored. But, you may move a transfer application before the supreme court and I am confident that in the peculiar facts and circumstances of your case, the supreme court will entertain your transfer application and will pass an appropriate order invoking  it's special powers under Art. 142 of the Constitution of India.

Best wishes!


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