Urgent need answers about marriage & dv act?
MAJ
(Querist) 03 March 2016
This query is : Resolved
Dear Experts,
I want some query about the marriage and DV Act. Please answer me.
1) A married and divorced women having grand daughters and son can ask for rent/alimony from the second husband means they dont have any children that children are from 1st hub? Yes / no Plz give any rule or law how?
2) For SC / ST people they can got divorced from gram panchayat with one letter we are divorced, that divorce letter can be acceptable by court as a divorce order?
3) Above said 2nd point that women after got divorce from gram panchayat she married a man before notary public and make a bond for marriage that can be acceptable as a marriage by court?
4) Police FIR case final report says that women and me not lived with livein relationship but social welfare officer says she made field enquiry we are lived in livein relationship (i think they are created by two or three false witness) which report court accept and what can i do further?
5) From above said 4th point of my condition if i go for quash the DV act to High Court can i get +ve result? Because now i am working 800Km away from my trail court. i cant attent every hearing.
6) In DV act case she filled she was the legal wife it can be acceptable? with Voter ID have my name as hub name?
7) In my true conscience i was not did any adultry with her and i was not lived in livein relationship they are made 4 fake documents and 3 false witness for money. What can i do in DV act shall i face trial or quash to HC?
Thanking you
Devajyoti Barman
(Expert) 03 March 2016
1. If 2nd marriage lawful then 2nd husband is liable for maintenance.
2. Customary divorce is permissible among SC/ST people and if customs allows panchayat certificate then it is valid.
3.yes, even long cohabitation without proof of marriage amounts to marriage.
4. You are silent on your relationship with the lady without which I can not advise.
5. Quashing is a good option and you need not attend each and every date.
6.yes
7.without knowing the full case history I can not advise more.
MAJ
(Querist) 04 March 2016
Dear sir,
Plz Can you give me any judgment customary divorce is valid or customary divorce is not valid?
Rajendra K Goyal
(Expert) 04 March 2016
Judgement / citation not provided in this section.
