Fraud marrying
arpita mondal
(Querist) 09 April 2012
This query is : Resolved
dear sir,
my husband cheated on me.he married me without informing me about his first present marriage.he do registry as per hindu marriage act with me.he also took all my stridhan that includes gold ornaments as well as household things.i gave birth a daughter,and separated from him since 10 months ago,as he was trying to kill my baby inside my womb.now he is agreeing for mutual divorce and said he will return my things but need a certain time period,now what i want to know that is it not possible to write down all about his consent that he will return all things in mutual divorce papers? what the process pls suggest.
Deepak Nair
(Expert) 09 April 2012
You can definitely write down the consent terms and produce the same before the court at the time of divorce.
You can mention the same in the petition for mutual consent divorce too, where separate consent terms is not necessary.
Consult a good family lawyer to draft the consent terms
SAINATH DEVALLA
(Expert) 09 April 2012
Dear Arpitaji,
At this stage don't trust him blindly.I presume his acts now only to see that you do not proceed legally.One thing are you hsi first wife or second wife? You have mentioned "first present marriage".A little confusing.
Please come out with your assesment.Do you think he will give back all your belongings,pay for maintenance for you and the child.
If you can kindly clarify my questions I would adivice whether it is feasable for a mutual compromise or divorce.Do you think he will come back to you forgetting whatever happened?
ajay sethi
(Expert) 09 April 2012
aman who will try to kill his unborn baby is not to be trusted.
since he was already married his second marriage is illegal and not valid .
make an application under DV act for maintance , right to stay in shared household .
Sankaranarayanan
(Expert) 09 April 2012
Why you kept silient these 10 months you file the case and get back your things with diverse and the same time teach the lesson
Advocate M.Bhadra
(Expert) 09 April 2012
During the subsisting of first marriage the second marriage is void and also criminal offence.You can lodge an FIR ir-respective your knowledge of first marriage to the Police and if the Police authority would not take any action against your husband then file a case u/sec.156(3) Cr.P.C. charge with sec.498a,406 IPC,you can also file a Maintenance case u/sec.125 Cr.p.c. in Magistrate Court for maintain yourself and also your baby.You should not file a Divorce case at present,it may be filed in future.
Legal Fighter
(Expert) 09 April 2012
Minansu, there is no dowry related issue involved in the matter so kindly don't suggest her filing 498A.
Also instead of wasting years of your life in courts, i would suggest you to go for mutual consent divorce.
Shonee Kapoor
(Expert) 10 April 2012
Get out of this relationship by agreement and getting your dues.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
arpita mondal
(Querist) 11 September 2012
With due respect I would like to thanks to all the expert lawyers,who helped me by providing legal information and also helped in the way that i may come out from all sorts of confusions.
arpita mondal
(Querist) 11 September 2012
Pls help me by informing me how i'll able to become single mother legally as i wrote earlier that father of my baby is a fraud and he become invisible by stolen all my stridhan since from last 13 months. Moreover he did not pay a single penny during my pregnancy and then after the birth of daughter and not even came to seen her.One thing more for the reason i want to be single mother is that,this man had tried a lot to kill my baby in my womb and so that one night i escaped and i was 4 months pregnant that time. I really don't want this man's name with my daughter. now she is 11 months old. kindly inform me all the procedure for legally single mother and how much time it will take.
Sudhir Kumar, Advocate
(Expert) 11 September 2012
As stted by Mr M Bhadra, ther eis no marriage so there is no need of divorce.
Why should he need time to return jwellery unless having malafide intention.
As far as time for return of stridhan is concerned, the same will end once he is called in Thana. He will bring the jwellery in Police Station.
Or else you wait for him to dispose of you stridhan and keep weeping.
arpita mondal
(Querist) 12 September 2012
to mr.sudhir kumar,
I really don't expect to get back my stridhan. It was mere an information i provided for the reason i wanted to be legally single mother. Otherwise as you know that we resides in male dominating society,where female first has to answer one que in different way,at different places that why she want to leave the man or father of her baby,and so I clarified everything that why i wanted to be a single mother.
what i want to know what is the legal process to get single mother documents so that no problems should arise in my daughter's education in future.
Sudhir Kumar, Advocate
(Expert) 12 September 2012
Please read what Mr M Bhadra stated above. You are not legally married to him.
As far as time for return of stridhan is concerned, the same will end once he is called in Thana. He will bring the jwellery in Police Station.
arpita mondal
(Querist) 13 September 2012
respected mr.sudhir kumar,
I already read what mr.Bhadra had advised me. But I would like to inform you,which I already informed before that he have done registry marriage with me and that as per HINDU MARRIAGE ACT.and there he signed as unmarried. He married me in 2009 and get a mutual divorce with his first wife in 2012. But during that period i already filled a case against him.But later i withdrawn it cause my lawyer filled some wrong alligations against his parents,which i really did'nt said and frankly speaking i really want to harased them as they are aged enough.moreover they denied him as their son for his wrong deeds,and supports his first wife,even me too. He keep escaping from me.
Act of all thana and police seems so sub standred and that's the reason i avoid these all. I simply want to live peacefully with my daughter.
So that's only I want to know the legal procedure of being single mother.That I want to use my sir name for my daughter and want to keep my daughter with my identity only. Any kind of trace of her father i don't want to keep in her life.
ONLY THE LEGAL PROCEDURE OF SINGLE MOTHER.
Sudhir Kumar, Advocate
(Expert) 13 September 2012
Your reaction shown you to be positively emotional and such persons easily cope up with the problem.
It is your high level of magnanimity that you are willing to release your claim on stridhan. However, it is not known as to what extent the magnanimity will be reciprocated.
No doubt you have been cheated. If you apply for nullity of the marriage on the ground of its being plural marriage without your knowledge you may succeed and you will be a single mother. which you want. You daughter will still use the surname of your husband.
But in school record you may have to show the name of father even if you ceased to have any relation with him. The relation of father and child does never severe.
