Alimony with 494 and void marriage

[Repeat query]

https://www.lawyersclubindia.com/forum/How-to-get-divorce-for-my-sister--71585.asp + https://www.lawyersclubindia.com/forum/Filing-sect-11-divorce-for-my-sister-71788.asp = Rs. 2 Cr.

Meaning:

Cottage industry by two entrepreneur sisters fueled by member of the Bar and yet we are told metro women are abalas.

Reasoning:

"An NRI got married to my sister before getting his divorce in US and this is something only me and my sister were aware about."

Sir, pls advise on following.

 One of my friend man name A , who is widower and married one divorecee girl and she was having one daughter name  C , but later after some time came to know she is not having any court divorece and on per previous husband filed 498a and other cases, now she is harrasing my friend and threatning for 498a.,she left her parents ( she is not having any child from my friend ) and came to knwo that she taken school admission of her daughter  and shown new name as father in school., Till now she has not filed any cases. My friend has got school certificate of that girl name C from school and shown new name of  father. Pls help me what we shoud do.

Thanks

Mr TajsobIndia i am here asking for legal advice and not looking for your personal opinion.I only want to know answers to below questions and not personal advices

1. Is it possible for my sister to file 494 or 495 against her husband ?

2. Is it possible to file IPC 420 ?

3. If she can file 494/495 then the marriage is invalid but in that case will she is entitled for maintenance?

4.As he does not have any proof that he revealed about his divorce status to me and my sister so in this case is it possible for her husband to file any cases against us ?

I hope the above questions are in simple english and i would expect answer from someone here with real legal experience and not just some bloggers putting opinions.

TajobsIndia Saaaar .. Pooja ma'm is demanding in her asking (wink wink)

Ketan Saab, believe me, your problem deserves it's own thread. Pooja ma'm will give you trouble if you hijack her thread. You need not start typing as soon as you see a place to type. Zara oopar neeche dekhiye.

yaar, Chanda jama kar ke de do kuch !

Thank you Mr. Taj for answering those questions but still did not understand what you mean by 'Filing' yes and 'admission' no.Do you mean we will not win the case if the court will not accept the case ?

Now my sister spoke to another lawyer and he was saying that we cannot file 494/495 or 420 as these should have been filed within 1year after knowing the truth and not after 1 year so he said we should file 498a.

Also what happens when we file a case and he himself inform the court that he was married and we also know about it and make my sister also involved into it and make us part of the bigamy ?

 RESPECTED  MR.Jeevan kumar,Your message that Pooja ma'm will give you trouble if you hijack her thread. You need not start typing as soon as you see a place to type. Zara oopar neeche dekhiye.) so pls note i got no any concern with that matter. i am totally seprate party.

pls advise on my case. Thanks

DEAR ketan, 

ask ur query in a separate thread.

in this thread, let us think how to get some 2 - 3 Cr. for Pooja Ji.

“Thank you Mr. Taj for answering those questions but still did not understand what you mean by 'Filing' yes and 'admission' no. Do you mean we will not win the case if the court will not accept the case?”
Reply: Women are today empowered and straight jacket meaning of my above word / phrases under explanation should be read in this context. Your sister case is well known to only you two as per your own facts before us. Hence 'filing' any case an empowered lady can do but if facts goes on trial then I confidently say it will not see post admission stage leave aside winning out of it. Hope now you got clarified to words / phrases I used? If not then dump this last reply!


”Now my sister spoke to another lawyer and he was saying that we cannot file 494/495 or 420 as these should have been filed within 1year after knowing the truth and not after 1 year so he said we should file 498a.”
Reply: I can understand his logics! The other day another Lawyer whom you consulted said he can get your sister 2 Cr. Now this layer says roughly the same but with a will to show the common route whose most common template he has in his PC. As far as S. 498a IPC in reference to context facts case filling is concerned I agree this Lawyer can ‘file” and I also has the tenacity to say in reference it will be ‘admitted’ too. Now as far as result as in ‘conviction’ which is what for rural women of India file S. 498a IPC goes and or for whom this actual IPC section was inserted / concern goes your urban sister will never get a conviction out of filing r/w admission and case progressing for what ever years it takes. All she will achieve is “negotiation’ and money payment over the table provided this BIL of yours is a dumb person which I doubt re-reading your very first query and what he cautioned to you.

”Also what happens when we file a case and he himself inform the court that he was married and we also know about it and make my sister also involved into it and make us part of the bigamy?”
Reply: It is classic scene out of Dream Violence and I suggest to seek Chamber discussion from a third lawyer and I will say once again here this third lawyer will advise one fit all warm chocolaty syrup i.e. ‘file DV Act’ and he will boost of results in 60 days flat (forgetting it is a NRI case!!!). Hence if all your till date queries are re-read I say chances of your BIL (i.e. your sister’s NRI husband) first of all coming back to India to face trial and even if he does so then he himself admitting about his earlier marriage is remote dream. About 5 years staying overseas an Indian learns the hard way “perjury” and power of truth which he himself said before marriage to you and to your sister and inspite of it you both went ahead and married off your sister to a person who was at that time already married man. Resulting he did not even touch your sister on first nite post marriage and since then he is living in overseas country that is about 5 years or so by now - right!. Also till date no women in India has been prosecuted under adultery / bigamy resulting into her conviction leave aside compensation payment for malicious prosecution they resort to so even if he admits in an Indian Court about his previous marriage you and your sister are 100% safe.

Your biggest issue today is you cannot prove anything in this messed up marriage and time has elapsed for your sister so some chocolaty syrup has to be tailor made for her and I am not the right person to tailor make it for the family!

Now excuse me replying more to your facts at fag end of passing year I have better things to do coming year 2013 and if you still think these replies are personal blog then what better then to test whatever legal guidance you received independently other than from me in any Court of law and if your sister ultimately succeeds in conviction and or alimony come back here and tell ME and I have courage to listen such success stories too provided factually reproduced. I gave you legal remedy in my very first reply to your very first query that is what Justice is all about rest I donot indulge into for any gender here or in professional cycle.

It is also sad to observe both of you are in very vulnerable position today when adversial family law tricky misuse are being guided by members of the profession.

If it helps end of the year then, all the very best ladies.

pooja,

take it or not, tajobs explanation is what is to be called as reality, like it or not. first, the second lawyer is factually correct as all fraud induldged in marriage need to be filed within a year. That's what those legal section is outlined with; Here teh second lawyer augments your  revenge with sweet coated section of 498a outwardly but deep inside of the reality is bitter failure of that section in court owing to lack of evidence! That makes your sister life go waste. Well roughly to estimate the time in dist court ( 3 years), then appeal to HC( 3 years) and if he goes to SC ( another 7 years). At end, zero in hand wasting 13 years of her precious life, between dont you want get married???

Mani