deed of divorce
jeets
(Querist) 13 June 2015
This query is : Resolved
Hi, I have been married to a girl via online matrimony site on 2nd may 2014, after few days of married i came to know that my wife was already married and apart from that she was having affair with another guy. when i started asking questions regarding her earlier marriage and divorce copy, she made some excuse and after 2 month left for her house. Soon after 3-4 days she along with her brother started demanding money if i need divorce. I refused to pay them, and they they started threatening to file 498a and DV case if i dont pay them money.
I later on went to her native place and started looking for her divorce in court. i did not find anything in gandhidham court, but i found a Deed of Divorce from notary office. i inquired with few people and they said its not legal divorce.
I have filed Null-void petition in court as marriage was not consumed and there was no physical relationship.
Meanwhile my wife has filed 498a 125, DV cases on my within a year. and apart from that a case on share in my property.
My question are
1:Can i challenge Deed Of Divorce and file any cheating case?
2: Can she still get share in my property even if she cheated in marriage. If So how can i challenge?
3: Somehow i manage to spoke to her x Husband but he is not ready to say anything on record, But he told he has paid 5lacs for settlement amount.
4: She is doing Job in School is she entitled for maintenance?
Please help me out
Thanks
Jeets
Devajyoti Barman
(Expert) 13 June 2015
1. No case of cheating lies . You have rightly filed the null and void case.'2. No she can not.
3. Summon him in court for his testimony.
4. No she is not.
Rajendra K Goyal
(Expert) 14 June 2015
Agree with the advise of expert Devajyoti Barman.
jeets
(Querist) 14 June 2015
Dear sir,
Thanks for the valuable reply.
She has filed a case of share in property and demanding her share. On what grounds i can contest that case. Property is in my name.
Apart from this she has filed DV amd maintenence 125 case from her native this year.
She has mentioned in her pettition tht i am impotent. but i am not and i am ready to go for medical test. should i do medical test on my own and reply to her or should i wait for court to order test?
thanks
jeets
Dr J C Vashista
(Expert) 14 June 2015
She cannot get share in your property. She is not entitled for maintenance. Your marriage shall be annulled, proceed.
It would be better to find out details of her marriage (before your marriage) which is still subsisting and continuing as there is no legal divorce with a notarized deed of divorce in either communities/ religion(s), except few tribal traditions, in India.
Best wishes.
Biswanath Roy
(Expert) 17 June 2015
If you can prove by adducing admissible evidence or by testimony of the first husband of your wife that the first marriage was Divorced by a notarized Deed of Divorce, your marriage shall stand as nullity and in that event your wife will be legally burdened by committing fraud and further shall have to bear criminal liabilities. In view of such legal position she shall not be entitled for any maintainence and also allegation u/s. 498-A shall automatically frustrate.
SAINATH DEVALLA
(Expert) 18 June 2015
So they are habitual offenders.When comming to know about her past, initially U should have been extra careful in dealing with her and her family.
