Divorce matter
sandeep
(Querist) 05 March 2012
This query is : Resolved
I was married on 11-12-2008.I am A PH person.At the time of marriage,the girl's family told us that the girl was earlier lived with her first husband for one day only and as her first husband was very greedy then she came back to her parents home.We believe in them and the marriage took place. After two years of marriage ,I start visiting various Gynaecologists for child.I came to know that she is having Endometriosis problem then I went to court for her divorce case earlier done.There I came to know that her left ovary was removed in 2001 and her right ovary was repaired due to Cyst in the ovary.Then I stopped talking with her .Now she has filed the complaint of Dowry harrasment in CAW cell Pitampura.She is doing same happenings of 498a ,406 as did earlier with her first husband.I want to know what should be done ? If I file divorce petition then Will it be feasible that I write that I do not know her divorce case earlier
Shonee Kapoor
(Expert) 05 March 2012
Her previous divorce is also a matter of concern and can be an additional ground for seeking AB.
In Delhi, you can get AB even prior to registration of FIR.
Join SIFF meetings @ Patiala House every Saturday and if the undersigned can be of any help, feel free to get in touch.
However, the points you have raised is not enough for divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 05 March 2012
how can you marry a girl without making inquries? you ought to have done due diligence when you found she was married earlier and divorced.
since your located in delhi contact mr shonee kapoor as he is from delhi and well vered in divorce cases. obtain AB
Deepak Nair
(Expert) 05 March 2012
Mr. Kapoor can advise you very well. Be in touch with him.
Adv.R.P.Chugh
(Expert) 05 March 2012
You've not specified when you came to know about her health issues - this is a very material fact which was concealed from you - and may have entitled you to annul the marraige, however the same can be done within a year of disclosure of fraud played.
Be that as it may, the circumstances you've mentioned clearly make out a case of divorce on the grounds of cruelty - the earlier marriage/health issues - would greatly strengthen your case.
There are certain pre-emptive proceedings that you can take to guard yourself against misuse of dowry laws.
Adv.R.P.Chugh
(Expert) 05 March 2012
infact the Delhi Police commissioner has laid down strigent guidelines to be followed by the police in dowry cases - and as Mr.Kapoor said Anticipatory Bail can be got even without an FIR - if we can show a reasonable apprehension of false case - the complaint in women cell - would be enough to get you the Anticipatory Bail
Feel free to talk !
Kirti Kar Tripathi
(Expert) 05 March 2012
I think this is no ground for divorce under Hindu Marriage Act.
Raj Kumar Makkad
(Expert) 06 March 2012
Much has already been opined on all aspects of the matter leaving no room for me.
