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second marriage

Page no : 2

Vijay Raj Mahajan (Advocate)     27 December 2008

Just one correction to my reply above is that Offence under section 494,495 were made non bailable in the State of Andhra Pradesh & this was only a State amendment in the Schedule 1 of the Criminal Procedure Code, for central law it is same bailable offence as it was previously.


 


 

Aftab4u (PVT EMPLOYEE)     27 December 2008

 


 

Dear Sir's,

 

Pls help your guidance required to start the new year with happiness.

 

Iam aftab and iam a Muslim married to the Muslim girl in 2005 after 1month I came to know she is adopted child and she is suffering from mental disorder and the facts has been hidden by the bride father till we found the medical certificates.

 

Now starts the issue :

 

1.After 3months of marriage she told she wants to go to her parents house we don’t have any issue so we send her there.and after 2months her father told he wants some more time as her treatment is going on we have not objected and felt happy that she will come back normally.

 

2.Again after 3months they have filed a case against me in Women Protection Cell that we are harassing her after 5months of query the WPC has given the judgment in our favor we have won the case.

 

3.After we have won the case in WPC again bride father filed the section 398-A against us in the high court by gods grace again we have won the case and the case has been dismissed.

 

4.Again after clean chit from Court he filed the same case in another court there also we have won the case asusual he gone to another court and filed the same case again.

 

Pls suggest what needs to be done is there any law to make the case final judgment and we are not leaving together for 2years and pls suggest how can we take divorce as per the muslim law.

 

Bride father is harassing us by sending the letters to our official address my mother is also a government servant and she is suffering from the ment and he is creating rumors against us now its high time pls suggest what action can we take against him and pls suggest as per muslim law can we go for 2nd marriage  as what kind of obligations we will face if we go for second marriage.

 

Ps help me out thanks in advance.

 

Hoping your positive reply from end.

 

 

Kiran Kumar (Lawyer)     28 December 2008

i stand corrected and it was typed mistakenly to be non-bailable.


in future i will first consult Mr. Mahajan before giving any reply he seems to be master of every thing here.


Mr. Mahajan there are n no. of better ways to communicate with a colleague.

Vijay Raj Mahajan (Advocate)     28 December 2008

Mr.Kiran Kumar need not consult me rather check the enactments/laws before advising any lay person. Whether I'm master or not I don't know but I'm much more senior to you in the legal profession, so mind your tone while addressing me.

Srinivas.B.S.S.T ( Advocate)     28 December 2008

 Respected Sirs, we are here to share our knowledge. Not to show who is senior or who is better. So please lets not hamper the spirit of this community. 

Aftab4u (PVT EMPLOYEE)     29 December 2008

DEAR SIRS,


 


PLS HELP !!

Aftab4u (PVT EMPLOYEE)     29 December 2008

Dear Sir's,




 




Pls help your guidance required to start the new year with happiness.




 




Iam aftab and iam a Muslim married to the Muslim girl in 2005 after 1month I came to know she is adopted child and she is suffering from mental disorder and the facts has been hidden by the bride father till we found the medical certificates.




 




Now starts the issue :




 




1.After 3months of marriage she told she wants to go to her parents house we don’t have any issue so we send her there.and after 2months her father told he wants some more time as her treatment is going on we have not objected and felt happy that she will come back normally.




 




2.Again after 3months they have filed a case against me in Women Protection Cell that we are harassing her after 5months of query the WPC has given the judgment in our favor we have won the case.




 




3.After we have won the case in WPC again bride father filed the section 398-A against us in the high court by gods grace again we have won the case and the case has been dismissed.




 




4.Again after clean chit from Court he filed the same case in another court there also we have won the case asusual he gone to another court and filed the same case again.




 




Pls suggest what needs to be done is there any law to make the case final judgment and we are not leaving together for 2years and pls suggest how can we take divorce as per the muslim law.




 




Bride father is harassing us by sending the letters to our official address my mother is also a government servant and she is suffering from the ment and he is creating rumors against us now its high time pls suggest what action can we take against him and pls suggest as per muslim law can we go for 2nd marriage  as what kind of obligations we will face if we go for second marriage.




 




Ps help me out thanks in advance.

Kiran Kumar (Lawyer)     29 December 2008

i never had any intention to show my superiority....i was a student of law, i m student of law and will remain student of law.


no lawyer can ever become expert in every respect of law.....but if somebody tries to snub me in an absurd tone then i know how to respond.


if my words hurt the spirit of our target here then i apologise to the members but not to the so called senior.


one must mend his/ her own tone before giving teachings to other.

Rajan Salvi (Lawyer)     30 December 2008

You are right Mr Kiran Kumar.


What we give or extend here is not LEGAL ADVISE , but it is a discussion. Without remuneration there cannot be a lawyer -client relationship. Even the Forum disclaimer disclaims any publication on this site.


As far as 'senior' is concerned , I have seen a lot of old tigers without teeth. As far as the other senior lawyers, I look with disdain at a person who pulls on the seniority card. Respect has to be earned- not demanded. My own senior called me useless and stupid because a matter was dismissed for default as I could not attend. I clicked my fingers [ before an Ex high Court Judge']  and told him ' within one year I will show you , I am neither useless nor stupid. Within a year i went and showed him a cheque for Rs 1 lakh recieved as legal fees from M/s Hindustan Lever Research Centre. [ By the way , he paid me a miserly Rs 800 pm]

Aftab4u (PVT EMPLOYEE)     30 December 2008

DEAR ALL,


PLS RESPOND.


 

Rajan Salvi (Lawyer)     08 January 2009

Mr Aftab,


  Your query is answered personally by another forum member. Pl go through it.

M.Sahul Hameed (Advocaate (Ph: 9443070567))     10 January 2009

i agree with Learned counsel Vijaya Raj Mahajan

Vishwa (translator)     06 January 2010

I have read these messages with interest, particularly those from Mr Kiran Kumar. With regard to section 494 I would like to get clarification on the following points:

Who initiates the action, the first wife, second wife or the authorities?

If it is the second wife, would she have to prove a valid act of marriage? What if she is making a fradulous claim of marriage for purpose of blackmail, revenge, etc?

For the husband, I know that the maximum sentence is seven years but what is the usual range in practice, such as maximum and minimum range?

Thanks in advance

Vishwa

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 January 2010

if you desire an academic discussion it will be long

if you are willing to go on second marriage - pl do not. reason told by other members. they are right. still then if you could not control yourself do everything, except the riligious activities like saptapadi etc;

if you want more information send me a pm.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 January 2010

mohamedan friends, you are out of the attractions of HMA as well as sec. 494 IPC. but if your first marriage held under the special marriage act, then you are within the attraction of sec 494 IPC. even if you perform a second marriage under the special marriage act (the first marriage under the shariat act) then also you are under the attraction of sec 495 IPC. you are allowed upto four marriages only under the shariat act..


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