Wife suppressed her previous marriage
arindam
(Querist) 03 June 2018
This query is : Open
I got married in late 2017 (through hindu marriage act) and soon after wife started behaving strangely raising imaginary issues with me and family members. She left within 3 months of marriage.
Then I found out through detective that she had a past marriage and it is dissolved. I and my parents came to know about her past marriage only now. This was my first marriage. I feel like cheated and now she has filed maintenance 125 Crpc
I think she married just to make money out of this marriage.
I want to fight such that she dont get a penny for maintainence/alimony.
Please advice:
• Is my marriage legal?
• What all laws/tools I can use to defend me and my family.
• How to make sure she don’t get any maintainence
Ms.Usha Kapoor
(Expert) 04 June 2018
If she divorced her 1st husband then her 2nd marriage with you is legal.however she suppressed her 1st marriage and married you through fraud. Under section 12 of Hindu Marriage Act you can get the marriage annulled on account of fraud played by her and her family members.if MARRIAGE IS ANNULLED INSTEAD OF DIVORCE YOU NEED NOT PAY ANY PENNY TO HER.
Vijay Raj Mahajan
(Expert) 04 June 2018
Firstly find correct status of her first marriage whether it was actually dissolved by decree of divorce by the competent court or not.
Even if you were not informed about first marriage by your wife the case of annulment on the ground of fraud may or may not be allowed, all depends on the evidence and circumstances of the case.
The maintenance you have to pay her by all means even if annulment of marriage takes place at any stage, at least till the time the issue get resolved completely and that may take many years with all trail and appeal stages in the matrimonial civil case.
Dr J C Vashista
(Expert) 04 June 2018
Your marriage is valid if she has obtained decree of divorce.
If she has filed case for maintenance you have no alternative but to consult and engage a local lawyer, have faith in him/her and proceed as per his/her advise and guidance.
If you became unable to prove her desertion you will have to pay her maintenance.
Guest
(Expert) 04 June 2018
Repenting now has no relevance, if not inquired before marriage.
1. Your marriage is legally valid, if previous was legally dissolved.
2. To defend your case, you can't do anything except to hire a well experienced lawyer in family laws, who will look after the laws and tools to defend your case. Taking any chance at your own level may ruin your case to an irretrievable extent.
3. No escape. You can't make sure to avoid maintenance. Maintenance of wife will be your own liability till her life or remarriage.
Guest
(Expert) 04 June 2018
Repenting now has no relevance, if not inquired before marriage.
1. Your marriage is legally valid, if previous was legally dissolved.
2. To defend your case, you can't do anything except to hire a well experienced lawyer in family laws, who will look after the laws and tools to defend your case. Taking any chance at your own level may ruin your case to an irretrievable extent.
3. No escape. You can't make sure to avoid maintenance. Maintenance of wife will be your own liability till her life or remarriage.
Guest
(Expert) 04 June 2018
Repenting now has no relevance, if not inquired before marriage.
1. Your marriage is legally valid, if previous was legally dissolved.
2. To defend your case, you can't do anything except to hire a well experienced lawyer in family laws, who will look after the laws and tools to defend your case. Taking any chance at your own level may ruin your case to an irretrievable extent.
3. No escape. You can't make sure to avoid maintenance. Maintenance of wife will be your own liability till her life or remarriage.
Guest
(Expert) 04 June 2018
Repenting now has no relevance, if not inquired before marriage.
1. Your marriage is legally valid, if previous was legally dissolved.
2. To defend your case, you can't do anything except to hire a well experienced lawyer in family laws, who will look after the laws and tools to defend your case. Taking any chance at your own level may ruin your case to an irretrievable extent.
3. No escape. You can't make sure to avoid maintenance. Maintenance of wife will be your own liability till her life or remarriage.
Guest
(Expert) 04 June 2018
Repenting now has no relevance, if not inquired before marriage.
1. Your marriage is legally valid, if previous was legally dissolved.
2. To defend your case, you can't do anything except to hire a well experienced lawyer in family laws, who will look after the laws and tools to defend your case. Taking any chance at your own level may ruin your case to an irretrievable extent.
3. No escape. You can't make sure to avoid maintenance. Maintenance of wife will be your own liability till her life or remarriage.
Dr J C Vashista
(Expert) 04 June 2018
If she has suppressed her previous marriage and you have evidence to that effect, she (along with her parents) have made themselves liable for punishment for which you are required to file a criminal complaint through a local lawyer.
Your lawyer can take benefit of the proceeding of the criminal case in other (maintenance) case.
Guest
(Expert) 04 June 2018
kamagni aunty, blame internet service providers or the website owner for slow service.
Guest
(Expert) 04 June 2018
On one hand Kamagni aunty says that the above advices are correct and on the other stated that your marriage to her is invalid. In fact, she is encouraging you for bigamy to make sure you go to jail on your crime of bigamy.
Anyway, best of luck, if you adhere to the advice of such a fake expert.
Ms.Usha Kapoor
(Expert) 04 June 2018
Your wife suppressed the previous Marriage and married you through fraud.If she played fraud it is a null and void Marriage. and yoy can get the Marriageterminated through Annulment. As I already said above if you get the marriage Annulled you need not pay any penny. Please click the below given link for further information on this issue.
https://books.google.co.in/books?id=Z-5nkRZXjPMC&pg=PA222&dq=If+marriage+is+annulled+on+account+of+wife%27s+fraud+she+cannot+get+any+maintenance+in+India?&hl=en&sa=X&ved=0ahUKEwiElPntxbnbAhUHQ48KHRFeC5kQ6AEIMjAC#v=onepage&q=If%20marriage%20is%20annulled%20on%20account%20of%20wife's%20fraud%20she%20cannot%20get%20any%20maintenance%20in%20India%3F&f=false
Ms.Usha Kapoor
(Expert) 04 June 2018
A woman whose marriage was declared null and void because of fraud played by her is not entitled to any maintenance or alimony as her Marriage was non est from day1. When marriage was not exiting at all any point of time and it was annulled on this ground she forgoes her Right to claim maintenance from her husband.
Guest
(Expert) 04 June 2018
You may get guru mantra from Ms. Usha kapoor, how to prove your marriage as null & void, if she can prove to even some extent. Even if you feel fraud by your wife, that will be your own liability to prove, not your wife, even if you read verbatim in continuation the suggested google books by the expert.. If you have any such proof, you can go ahead with filing a court case against her. Side by side you will also have to be ready to face domestic violence case and dowry case from your wife's case.
If a real problem, instead of seeking any casual advice on your casual discussion to get false hopes, better discuss in detail the whole issue with some well experience local lawyer having expertise in family laws.
However, if it is your academic query, you have appropriately got point-wise hints.
P. Venu
(Expert) 04 June 2018
The fact of her first marriage, if it had ended in a valid divorce before your marriage with her, may turn out to be an inadequate ground for seeking divorce or getting the marriage declared void. The only option for you is to seek divorce by mutual consent or seek divorce based marital cruelty if you are in a position to lead evidence to that effect.
arindam
(Querist) 11 June 2018
Thank you Ms Usha Kapoor for the valuable feedback and Google book links. She did not disclose the fact of her 1st marriage before we decided to get married. Can I pursue a case saying she did fraud by not disclosing it?
Also wrt other comments on this thread, is fraud related to whether she got divorce or not?
Thanks
arindam
(Querist) 11 June 2018
Hello Mr Dhingra. I am facing this problem in my own life. Not sure how you thought this is academic or casual?
Btw, now a days wives file false cases a lot. How will this case encourage her more?
arindam
(Querist) 11 June 2018
Thanks Mr Vashishta, Can you please elaborate more on:
Your lawyer can take benefit of the proceeding of the criminal case in other (maintainence) case
I could not understand how to use it and in which other (maintainence) case?
Guest
(Expert) 11 June 2018
I stick to my views. Proper interpretation is your problem.
arindam
(Querist) 08 July 2018
Experts, thanks again for giving pointers. She did a court marriage earlier and she got order from munsif court on compromise petition declaring marriage as null & void. none of the documents show any section/act. Please suggest if my marriage exists
