REVERED MEMBERS,
PLEASE ADVICE WHAT LEGAL PROCEDURES SHOULD A HUSBAND INITIATE WHEN A WIFE RE-MARRIES WITHOUT OBTAINING DIVORCE WITH SUPPORT OF HER PARENTS DESSERTING HER HUSBAND AND SON OF 14 YEARS .
WITH REGARDS,
RAMKRISHNA KARMAKAR.
RAMKRISHNA KARMAKAR (ARRANGER-06) 11 January 2012
REVERED MEMBERS,
PLEASE ADVICE WHAT LEGAL PROCEDURES SHOULD A HUSBAND INITIATE WHEN A WIFE RE-MARRIES WITHOUT OBTAINING DIVORCE WITH SUPPORT OF HER PARENTS DESSERTING HER HUSBAND AND SON OF 14 YEARS .
WITH REGARDS,
RAMKRISHNA KARMAKAR.
ravindra (Analyst) 11 January 2012
Hi
Plz collect solid prof evidence coz its vary difficult to prov in court. and consult a good lawyer.
Thanks
Ravindra Sonavane
RAMKRISHNA KARMAKAR (ARRANGER-06) 11 January 2012
Respected Member,
Thanks for your prompt suggestion. Can you please suggest what can be counted as solid proof ?
Ramkrishna Karmakar.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 11 January 2012
first decide what you want to achieve.
ravindra (Analyst) 11 January 2012
like kissing photos, vedio recording or s*x vedio recording or marraige certificate, marraige photo ect
RAMKRISHNA KARMAKAR (ARRANGER-06) 11 January 2012
Respected Mr. JSDN-advocate,
I want to achieve a Divorce as this incident of re-marriage happened during wife's stay at her paternal home with her parents. This incident has happened in June-2011, wife was having extra- marital relationship with a guy since 2007. Her parents knew everything. Her father was personally present at the time of re-marriage. The re-marriage has taken place with the same guy.
Please advice,
With regards,
Ramkrishna Karmakar.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 11 January 2012
you need hard evidence than only divorce will be granted and you will also be relieved of any payments.
S.K.SARRAF (ADVOCATE) (LAWYER) 12 January 2012
RAMKRISHNA KARMAKAR (ARRANGER-06) 12 January 2012
Respected Mr. Saraf,
Their marriage has not been registered, it was done in kalighat temple in kolkata. they dwell in Panchyat area . The Panchyat Pradhan has promised any help needed from Panchyat level. Taking her back doesnot arise at all. I only want the divorce because such betrayal should not be granted. I know their present dwelling place , they are staying on a rented house. I want to be safe as if any case on 498a is filed, I can find a way out from unjust harrasement. Please advice.
With regards,
Ramkrishna Karmakar.
Chaitanya_Lawyer_Mumbai (Lawyer) 12 January 2012
If you know the her address,go there with some of your relatives.
try to get evidence of their marriage like recorded cell conversations between you,her & her husband.
this will be proof of adultery in court & you can get divorce.
Shantanu Wavhal (Worker) 13 January 2012
u r entitled to get divorce from her. all u need to prove is - she has remarried without divorcing you. u wont be liable to pay maint. to her.
to punish her bigamy is difficult. ipc 494 is criminal case. u have to prove both the ceremonial marriages. strict proofs are required for this.
RAMKRISHNA KARMAKAR (ARRANGER-06) 13 January 2012
Respected Mr. Shantanu,
Thanks for your advice. I can prove both. I just want to know what should be counted as evidence for the re-marriage. I live in Howrah of West-Bengal. My place of dwelling is under Panchyat jurisdiction. The Panchyat Pradhan has promised to help me from the Panchyat level. So far the re-marriage, it is was done in Kalighat temple. They now live in a rented house that is also under Panchyat jurisdiction.
Please advice.
With regards,
Ramkrishna Karmakar.
Shantanu Wavhal (Worker) 13 January 2012
Panchayat is having no jurisdiction - only competent court.
bigamy = criminal case - strict proofs of both the marriages needed
eg. marriage cert., registration, priest, witness, (documentary evidances + some supporting witness.)
its imp to understand the diff betn a civil case & a criminal case.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012
1. Marriage Photos
2. Witness who attended marriage
3. Proof of cohabitation
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com