Bigamy, dp, dv, and 125 crpc
Querist :
Anonymous
(Querist) 23 January 2024
This query is : Resolved
I've filed 498a, 494, DP, and maintenance cases on my husband and in laws. Got married in 2022 in arranged setup and left his home in July 2023.
My husband used to leave me for 2 months and had relations with women. We used to have fights and he always abused my parents whenever I questioned about his affairs. I used to spend my money for everything thing we needed as a married couple, he constantly harrassed me mentally by verbal abuses. His father used to say that these are your past bad karmas and my son is behaving like this since he married you, his mother snatched my Mangal Sutra and other jwelleries I used to wear in front of my mother and brother (husband and FIL were not at home), his mother used to say that if her son is having affair then he will manage both of u.
My husband used to asked me to pay 10 rupees as well, he used my credit card for electronic item, telling me that will pay EMIs but I paid entire amount on my own (as he never paid a single penny to me). His younger brother used to steal our belongings (I didn't add his name in FIR).
My mother in law also misguided my husband sometimes, she even said ki she will get me married to his younger son if my husband is not taking care of me (am I am object to sell).
Lastly, I found my husband's first marriage affidavit with a girl who is also absconding from a 138a case on her. I was cheated and harrassed by those people and I want justice. My FIL also harrassed my dad saying kill your girl, she is mad.
Now I want to know if filing maintenance makes any sense if I only want to know their truth on his first marriage? How my husband will defend himself despite being a liar and wrong? It's been 4 months since 125 case filed but still the case is in appearance stage, what will happen next?
Will court ask me to rejoin my husband or send my case to mediation? I want to give them chance to tell their truth or say their points. Is it too difficult to prove bigamy as I have his marriage affidavit and recording on witness on it?
Please guide.
T. Kalaiselvan, Advocate
(Expert) 23 January 2024
Since you have filed the case in court, you have to wait for the conduct of the case as per procedures of law.
If you are not willing to continue this married life you can file a contested divorce case on the grounds of cruelty and adultery.
Querist :
Anonymous
(Querist) 27 January 2024
Is filing divorce case relevant when marriage appears to be null in this case? If marriage is invalid then how divorce makes sense?
I want to know the general process of my cases, will court ask us to talk or stay together? I have seen proceedings where judges order both parties to rejoin for a fixed time.
T. Kalaiselvan, Advocate
(Expert) 29 January 2024
What is the basis that you say that your marriage is null and void?
The acts of cruelty do not automatically makes the marriage null and void.
Therefore the divorce case is the appropriate relief whether you like it or not.
If you do not want to live with your husband anymore, you can inform the mediators or the court about it and be firm on your decision
No law can force you to live with your husband against your willingness.
Querist :
Anonymous
(Querist) 29 January 2024
I am saying about nullity of marriage as my husband was already married before and his family lied about it. I have mentioned that I caught an affidavit of his frst marriage in my query, hiding marriage from new spouse is not just a cruelty but a crime I know and it applies nullity of marriage
