Bygamy, nulvoid
Ms. Dave
(Querist) 17 July 2013
This query is : Resolved
Sir,
Husband told while marrying me that he is Divorced and in his advertisement also he wrote divorced. He married me and he registered his this second marriage. Later he harassed me and drove me out before 6 yr. I filed maintenance and he filed Divorce and also Annulment petition in family crt. In that to my shock he wrote his 1st marriage is still valid and not divorced and he asked u/s 11 Null and Void. So it means he did fraud with me so I filed bigamy and cheating on him 494,495 in MMcourt.
My questions:
1. Now major problem and question is whether I should take stand that he told me Divorced so he is divorcee - then will it be a problem in bigamy case.
2. If I say he did fraud and hid that he is still married to his 1st wife - then will it be problem for my maintenance and can he get NullVoid.
3. If he get decree of nullity/nullvoid of marriage between me and him, then can the bigamy case on him continue ?
4. If fam.court gives decree of divorce what can be effect on bigamy case?
5. What is good for me to get decree of divorce or to get nullity u/s11. and how.
Please guide me. Will be thankful.
Dr. Jyothi Vishwanath
(Expert) 17 July 2013
1. You have to disclose the truth about the fraud he played on you. It will not be a problem in the bigamy case. It will in fact protect you.
2. If he is legally married with the first wife, maintenance case will be really tough.
3. Even if he gets a decree of nullity, bigamy case will continue. Both are different types of cases. Former is a civil case and the latter is a criminal case.
4. Decree of divorce will be of some help in bigamy case to the extent that it proves performance and solemnization of second marriage.
5. If first marriage existed, then neither decree of nullity nor decree of divorce is necessary.
Ms. Dave
(Querist) 18 July 2013
Thankyou for reply. Have one continued query:
6) To get maintenance, if I say in fam. court that he told me Divorcee so he is divorcee. Then will it be adverse in bgmy case? (I have submitted his affidavit that he is still married to 1st wife).
7) What to say/stand to take in fam.crt and in MM Bigmy case such that I get maintenance also and bigmy also goes on?
Please guide me. It is v.v. difficult situation for me .....
I am worried, if I disclose his fraud then he will get benefit of not to pay me maintenance and his bigmy punishment also not guaranteed and I will be at loss on both sides.....so I don't understand what to do.....I wonder my situation....he did fraud, spoiled my life and he can get benefits.....please guide me and advise me.
Dr. Jyothi Vishwanath
(Expert) 18 July 2013
Dont worry about the bigamy case. It will not be affected if you have sufficient proof of first and second marriage.
For maintenance, you have to prove that he played fraud upon you by saying that he was unmarried. Then the court may grant you maintenance.
Ms. Dave
(Querist) 19 July 2013
But if I bring his fraud out and tell in fam.crt that he did fraud along with all proofs I have, then he can get Nullity (u/s11 nul&void) ? Then this will be beneficial to him as he has filed to get nul&V Decree.
I am still confused, what to do.....requesting replies.....
Dr. Jyothi Vishwanath
(Expert) 19 July 2013
What you want??
Divorce= you can get easily
bigamy= your case is strong
null and void = you can get easily
maintenance = husband will be trapped if he files for null and void as he has committed fraud on you. If this fraud is proved, then he has to pay maintenance to you. One who comes to court for relief, must come with clean hands.
So dont worry and proceed the way you want.
Ms. Dave
(Querist) 19 July 2013
Thanks you v.v.much and sorry to trouble you last time as I have one last qu:
8) Can I put voidable 12(1)(c) petition now? It is about 3 yrs since he disclosed in Court that he did fraud with me. And what are the +ve and -ve if I file it? And will it support his Petition for Nullity u/s 11, if I file 12(1)(c)petition ?
Thanking again.
Dr. Jyothi Vishwanath
(Expert) 19 July 2013
Since it is three years you have discovered the fraud, now the petition under Section 12(1)(c) cannot be filed.
Don't be confused. First decide what you want. Do you want to him to be punished or want to be away from him taking divorce or both. Once you decide, things will be very clear and you can decide which way to proceed.
Ms. Dave
(Querist) 22 July 2013
Such people should be punished for hiding facts and keeping wife in dark. And also that such people will think 100 times before playing fraud on someone and spoiling lives of ladies by hiding earlier marriages otherwise he may again marry for third time by hiding his earlier marriages. And I also need maintenance. 420 has been filed with bgamy. Do I need to file any other cases?
ajay sethi
(Expert) 23 July 2013
agree with DR Jyothi
