Details fact of my case (required guidance)
ankita slot
(Querist) 17 April 2012
This query is : Resolved
I m going to tell the fact of my case 1. My marriage was intercast love marriage after marriage for 6 months I live with parents as they are not aware of the same.
2.after some month my in-laws arrange an seprate room for us.we live there till 18 April 2008 my husband asked me to go to my parents home for some days and he went to his parents place by promissing me that he will agreed his parents to accept me.
3. On 18 may 2008 he told me to come with my relatives for meeting when we reached there my mother-in-law shut the door and started abusing us so we file n/c in police station then he filed counter N/C against me and my relatives.
4. On 21 may 2008 he filed divorce petition under cruelty ground.
5. On 5 July 2009 balif had served summance on me when I asked about the same to my husband he told me that it is not courts papers these papers are send by his father with hirelings to thretend me and he tored the same papers when I asked about the same to my in-laws they also told the same and till.March 2010 and my as my parents building went to redevlopment so we changed our residence but till I have each and every relation with my husband and he shows every concern towards me so I never come to his bad intention so didnot appears in court.
5. On 23 Dec 2009 family court pass an Ex-party divorce decree against me
6. I get divorce order by post on 9 Feb 2010 then I asked to my husband about the same as we meet each other on day to day basis this time also he told me that these are not courts papers and don't worry about the same
7.but this time I contacted the Adv for the same and as per there guidance on 3 March2010 I filed set a side application against Ex-parte divorce order and on same day I informed to my husband and in_laws about the same they told me that when they will get papers from court then only they came to court when I came to know about the date of my proceeding that is 16 April 2010 I informed the same to my husband and he told me that as he had work pressure when he will get paper from court then only he will attend the proceeding
On 5 May 2010 court served summance to him but by the time on 1 may 2010 he performed his second marriage
My set-a-side application is rejected under section 5 of limitation act that though summance was served ...
I filed appeal against both that is Ex-parte order and another on dec 2010
My äppeal is addmited by consent my matter is restored on 26 April 2011
Now I want to declare his second marriage null and void. In my privious qury I have attached order copy of high court as my financial condition is not proper that's why in family court I have not äppointed Adv now my sister is helping me in this matter so I want the citations to prove his marriage null and void and from last 4 years he had not paid me single rupee so please guide me in my matter
Shonee Kapoor
(Expert) 17 April 2012
Unless the divorce case is remanded back for fresh decision, the 2nd marriage can not be declared null and void.
Follow the case at HC vigorously.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 17 April 2012
since your hsuband has already remarried he wont come ack to you . what would you gain by declaring his marriage null and void ?
your best bet is make a claim for maintenance .take one time settlement from your ex husband
ankita slot
(Querist) 17 April 2012
my husbands divorce is restored at family court on 26 March 2012
ajay sethi
(Expert) 17 April 2012
december 2012? we are in april 2012 madam
ankita slot
(Querist) 17 April 2012
sorry again it was 26 March 2012
Shonee Kapoor
(Expert) 17 April 2012
If you don't want to settle and you defeat his claims, his second marriage would be declared null and void. But he can not be punished for bigamy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 18 April 2012
See, you have been be fooled by your husband and in laws. Now, since your appeal has been admitted you have a chance to contest your case. The matter is complicated and its difficult to get the marriage null and void.But citation to that effect if available can help you. Secondly, you should also file a maintenance petition.for more help--
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