2nd marriage-not divorced-u turn by 1st wife

when she left you

if ur first wife is meeting with many men as u mentioned and she is living in ur flat and ur children are also living with her on alternate days so chidren's statement that she is not taking proper care of them and ur own flats neighbours witness about conduct of ur wife and as u mentioned she is partying with different men so u are aware of her social circle so try to spy on her and click pics this may help u.

Anil it is very simple

File G & W and get custody of ur children. Court will upheld ur contenstion since welfare of minor is a paramount consideration. Take advantage of faults of ur adamant wife. Produce children(minor of whom u r seeking custody) before court.

This is a big mistake you made by getting married again without getting divorced you are liable for bigamy. Irrespective of your wifes attitude you dont get any concessions to remarry without divorce.

Though she cannot force you to give the flat but as you are in a situation that you cannot bargain or nagotiate. If she takes legal action you could be charged for bigamy.

Everyone has to pay for his mistakes so seems you would pay by giving your flat to get your divorce mutually.

Anil....

 

 

Did your 2nd marriage happened in close room i mean does everyone know about it....How did the marriage happen?? You will be liable for biagamy only if your second marriage is proved....

 

 

And is the second motion pending for your first marriage??...

 

 

I dont want you to feel bad about giving your wife a chance...I appreciate that...

 

 

Obtaining child custody will not be difficult  here...Anil on moral grounds I think that you should help your wife getting out of drugs....

 

 

I strongly believe that addiction works at a sub concious level and she is doing it for some reason to escape REALITY....There are lives at stake here...please take a sound step.....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Assuming no Court case (i.e. no MCD first motion admitted or even pending) here are my opinions;

I agree to Ld. Brother @ Sanjeev first of all and value add (and have courage and intensity to take rebuttals from all readers who read and rebut me).

1. The first thing you should do now is to simply transfer flat on children’s (minors) name with registered Deed without wife coming to know about it and let her stay as you don’t mind that. With this what will happen is that the interest of the minor cannot be sold by their natural mother without getting prior permission of a Civil court under S. 8 of Hindu Minority and Guardianship Act. Further any property thus transferred in minors name can be given on leave and license (means on rent or just for living by natural mother) without obtaining the prior permission of any Civil Court but it should be duly ensured that the interest of the minor is saved every time.

Above can be called a masterstroke to safeguard the flat once for all and use this as ace in rest of the litigation in following paras strategic opinions;

1.1 Once above is done with now you simply file for divorce under mental cruelties ground and parental disownment of children charges on her and she being unfit parent by also filing a separate petition under S. 26 HMA for custody of children. What will happen now is that she will file W/S denying all such allegations and counter charge you for bigamy. Here what she says is 50% true but then a Judge has to apply mind. The first thing Family Court ld. Judge will do is to send both to reconciliation in Court premises counselors’ office. There listen to her and understand gravity of her present doings and how much further she can go under narco-psychopathic drugs influence she would be relapsing on and off in such meetings (most probably). Here what you have to catch from her is that she is half way agreeing for divorce. The moment she expresses that offers two options to Counselor in good faith;

One – Life long rehabilitation of her to come off from dependence from psychopathic drugs showing cause of minor children as they may not necessarily be alienated from natural mother’s present medical stage hence if rehabilitation is financed by you then a mother who is going to be soon a ex-wife to you may regain her natural senses and thus in future children may have company during visitation of their mother too. This offer will be seen as good faith offer of a wrong done husband.   

Two – Admit your wrongs which were circumstantial i.e. re-marriage in subsisting marriage. And opt specifically for “plea bargaining” in Divorce suit matter. Now what will happen is that the Court via your plaint and subsequent W/s of wife has already formed back of its mind an opinion that there is something wrong here which is being co0nverted into rights. But the moment under an specific Application during Counseling if you offer “Plea Bargaining’ the same Court cannot go beyond relief. Remember this is a tricky well mediated presentation matter and wordings and presentation have to be carefully handled by you or by a seasoned Advocate to your side. I wrote about plea bargaining last to last year if chance permits you may refer to that older post of mine.

1.2 Once the above two are considered in report form by Counselor the matter remands back to the Court. Now what will happen is simple enquiry on plea bargaining as to few verbal questions and statement thereof will be asked and you will reply as material record of the Court.

Now you open up your social cards one by one as to punishment you fell serves best to meet end justice for plea bargaining when bigamy is accepted by a litigant in reference suit matter.

2. “I offer till children are 18 years the flat which is registered in minors name for my (ex) wife unrestricted stay till she gets re-married.”

3. “I seek this Hon’ble Court’s indulgence to declare myself to be guardian of property and welfare of my minors against such and such un-restricted visitation of natural mother till they attain age of majority as per Law.”

3. “I offer financial assistance to my (ex) wife for her rehabilitation in an well known institution of her choice / her side’s choice or as per ld. Courts direction on to these few names of Institutions well known for drug rehabilitations and I would voluntarily like to meet such expenses from time to time without any demand arising.”

4. “I offer such and such per month maintenance amount to my (ex) wife towards her needs of food, conveyance and utilities bills till she is re-married.”

5. The moment your specific plea bargaining prayers revolves around above 2 – 4 paras ld. Court will not penalize you at all provided the second marriage was done legally as per conditions laid down in once personal Laws such as proper customs followed + 2^nd. Wife is major age + 2^nd wife is not sapinda so on so forth.

Colly. Reasoning:
I just read your larger heart brief twice in reference to context and thought yes you did commit marital wrongs but yours case genuinely falls under “circumstances” which is written large in your opening paras. Even if you committed wrongs I feel and also almost all ld. Courts also feel that “marital laws are not for penalizing spouse” the efforts are more towards re-union failing which part company with least damage to both spouse yet protect the abala. Here abala is not only your wife but the second wife too but then first wife created such situation and she enticed you also for second marriage and had she not agreed to when you said and your this girl not met your wife you would not have done bigamy so endeavor now if you admit and also show larger heart which anyhow you wrote the same in your brief then ld. Court will balance out the final order and lastly it will turn out to be a Consent Order not MCD is my guess work on order but in any stretch of imagination if a seasoned advocate handles this case you and your second wife will not be panelized at all.  

I am aware 2 second reading my observations many will jump on roof and ban me but all I say is pay this reply minimum 10 readings all I have done is saved two children from becoming fatherless and entangling themselves into bad company while growing up in shelter of a druggist natural mother r/w saved the natural mother of shelter and more on her rehabilitation and pocket money so that she is brought to a level where she understands what she lost and then try to re-start her life anyhow she has men’s company so eventually she will find her own path provided few kick start as shelter etc. which I wrote is proved to her further (lastly) r/w the second wife who is actually not at fault at all as she being most vulnerable fell into this triangle and hence she also needs to be protected and what better if “plea bargaining” with largesse for all parties concerned itself is now coming from the husband side standing as accused before Law.

So I stand by my this rather (not unusual) large piecemeal and let us see if this queriest manages to land into hands of a very seasoned Advocate who understands the larger picture and has capacity to convince all four parties step by step as advised herein.


PS.:

 

I am influenced by a recently solved litigation of a husband from Delhi who had at one time half his brain damaged due to brain stroke where he lost ambulatory functions yet he was charged with all matrimonial criminal complaints and he marvelously did “plea bargaining” using a very recent SC Judgment though this SC judgment was not at all related to his cause title but he nevertheless used it and came out unscratched at the end all by self pleadings and a very hard work and it could sound un-believable for a brain stroke person to do so!!!

One must admire such people among us and I feel we should acknowledge such husbands who strive to change direction of the table under adversial Laws if their hearts are larger than Goliath and David :-)

Dear Sirs

 

I sincerely want to thank you for taking time out and sending such a DETAILED reply. truly appreciate it.

Since you have been so kind i would like to share with you a few more details - my 2nd marriage was in an Arya Samaj with very close family and friends, and someone did post them on facebook, but i deleted them. the marriage was on July 2012, but 2 weeks later someone unknown took the certificate from Arya samaj (i have a duplicate now).

my (ex) wife is doing drugs but is not yet an addict, but yes she does chaaras once a week, and enjoys such type of people and parties.

 

i will go by your advice and i am hoping that i have a strong argument. i will transfer the flat in the name of my children (but flat is on loan, and the flat is in JOINT NAME WITH MY (EX) WIFE, hope that is not a deterrent) 

Can she claim a share in my business? i started a business only 2 years ago and it is paying me enough. i pay my (ex) wife 25000 per month +electricity bill+telephone bill+flat EMI+ all my kids education+ flat society maintenance.

 

also we did file for divorce under mutual consent 6 months ago in the family court with the help of a divorce lawyer. the 2nd signing was on 23rd nov. which she refused to sign, and said i want flat . (i also lived seperately for a year before filing the divorce

 

Should i continue paying her the monthly payments i have been making since 6 months?

 

would be great if i can have your phone numbers, pl do email on anil.gupta12345678@gmail.com