Divorce
Raju
(Querist) 22 June 2017
This query is : Resolved
Hi, my name is Raju, I got married to a girl in arya samajh marriage which we didn't tell our family. We tried a lot to convince our family but did not get success. Finally we both took matual divorce and moved on. She got married to some one I also got married to someone. I did not tell about my arya samajh Marriage to my wife since we did not registered in court and moreover we took divorce. I forgot delete my what's app message where my wife read all those things about my last marriage n divorce. She stayed only 7 days with me however we did not have sex. Then she went to her home . It's been more than 6 months . She doesn't want to come and told all those things to my family and her family. My family also got involved and tried to make her understand but nothing is working out. Finally I thought to give her divorce. I have also sent her RCR by lawyer but she did not respond it. Before moving to the next step, I just wanted to know what all rights I have ..does she take any legal action based on what's app message if she has taken screenshot as I assume. Apart from that, she doesn't have any proof of past marriage and divorce. Now they are demanding unexpected money which I can't give. Even if one I agreed to give them and said to file for matual consent divorce but they want the money first. Then they will file for it but I am not sure. Pls advise .I am very disturd.
Kumar Doab
(Expert) 22 June 2017
Hope you shall take it positively.
Try to save the marriage. Elders of both families can try and help.
If all efforts have failed, the a very able local counsel of unshakable repute and integrity specializing in Family matters may opine after examining all record and inputs that OP can contemplate annulment.
Kumar Doab
(Expert) 22 June 2017
If you are contemplating MCD then let a very able local counsel of unshakable repute and integrity specializing in Family matters advice you after examining all record and inputs and draft your agreement and T&C for MCD.
Apply your skills and pursue so that T&C are reasonable. Take help of elders of the family.
Next time you marry inform (on record) the other partner and her family that you have been married & divorced twice. This is in your own control.
Rajendra K Goyal
(Expert) 22 June 2017
Marriage in Arya samaj Mandir is legal.
Have you taken Mutual divorce from first marriage through court (I doubt you have done it through court)?
If not, divorce was not legal.
If so, you have married to present lady without divorce, illegally and she can charge you for cheating along with other criminal charges etc.
It is sufficient ground to keep you behind bars till bail granted.
It would be in favor of all to reach mutual understanding and have amicable settlement.
Proofs of previous marriage can be collected from Arya Samaj Authorities if they want.
Kumar Doab
(Expert) 22 June 2017
It is believed that you are Hindu.
If divorce from 1st wife was not thru court of law then the 1st marriage still subsists.
You may respond to observation of Mr. Goyal.
Kumar Doab
(Expert) 22 June 2017
Thanks for agreeing Mr. Suneel Moudgil.
Dr J C Vashista
(Expert) 23 June 2017
Very well advised by experts Mr. Rajendra K Goyal and Mr. Kumar Doab, I agree and appreciate.
Nothing more to add except to involve elders, common relatives and/or friends and try to resolve the matter amicably to avoid social and legal complications, which are already in store.
Rajendra K Goyal
(Expert) 23 June 2017
Expert Dr, J C Vashishta ji and expert Suneel Moudgil ji,,
Thanks for agreeing.
Kumar Doab
(Expert) 23 June 2017
Thanks for agreeing Dr.J.C.Vashista.
