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Chetan Singh (SE)     16 March 2013

Need advice for myself cases freelife

Dear Lawyers,

My exwife filed bunch of cases on me 498,3/4,125,dv act etc...3 years ago.and 2 years ago i got exparty decesion

of marriage annulled. we filed the null and void judgement in the court but still cases are not resolved. 3 years passed and life is going boaring, now i want to settle all these with agreements so that she will never oppose on my next marriage. My exwife demands is a own home for her which i cant afford, so second option she has given to me, i need to purchase a small 2 bhk flat and one room she will take as a owner . Second room i will take and there my would be wife will live with me.

So what type of agreements and conditions should i follow. So that in the open eye of law every thing should be leagal. I dont have any emotion for my exwife since she made my life hell so wants second chance to my life to start with good and kind wife  with secondmarriage. I have a friend who is ready to marry with me but she needs all settlement ... plz advice...



Learning

 17 Replies

Manish Udar (www.Mehnat.IN)     16 March 2013

Better to fight the case or even to go to jail than to give half of your house to such a woman.

498a and DV Act

1 Like

Arvind Singh Chauhan (advocate)     16 March 2013

If the marriage has been declared null and void from civil court. Pray to court to stop or discharge/ acquit you, because there are so many case laws that finding of civil court prevails over finding of criminal court. If she is not your legal wife there is no question of 498 or 125.

Chetan Singh (SE)     16 March 2013

i)Thanks but, going jail is not better werna job to chali jayege and dobara milege nahi. In case if i loose the case.

ii)fighting case is long and time consuming, then koi aur mere life me aayege nahi due to cases and 33 years ho chuke hai mere. na mera koi kid hai na wife so wants family life.

iii)3 years pehle marriage hue and (null and void) uske 1 saal bad hua then advocate is saying ab wo exwife hai but jab case file hua tha to wo legally wife the.. 

So need to fight 498a else better compromise, since this exwife is now repenting for her past so she is asking only 1 room for her permanet shelter. she is promising me she will not do any problem in my next marriage life.. due to frustation and age factor i want early settlement with proper written agreement...

thanks

Chetan Singh (SE)     16 March 2013

Please suggest in leagl terms what terms and condtions would i use and should i declare providing 1 room as a well wisher or friend relationship with my exwife so that kahi fhir se court usse mere wife na bana de..So jab mai next marriage karu to 494 koi bhi na laga de and court mujhe guilty man le. so please suggest mai exwife ko kis relationship se room provide karu jise court leagl and healthy relationship samjhe..


(Guest)
Originally posted by : Chetan Singh

Please suggest in leagl terms what terms and condtions would i use and should i declare providing 1 room as a well wisher or friend relationship with my exwife so that kahi fhir se court usse mere wife na bana de..So jab mai next marriage karu to 494 koi bhi na laga de and court mujhe guilty man le. so please suggest mai exwife ko kis relationship se room provide karu jise court leagl and healthy relationship samjhe..


Ab log itne kamine hain ki kya bataoon. Paisa, bangla yeh sab leke phir bhi case withdraw nahi karte. Agar aapke saath aisa hua toh kya karoge aap? Best thing is to get everything in writing, whether you give her a pen or a room, all should be in writing, and clearly stated that the said room is being given as full and final settlement toward peramanent alimony as well as to withdraw cases which were filed against you with a clause stating that, she would never interfere in your life again.

Manish Udar (www.Mehnat.IN)     16 March 2013

As legal owner of half of yout house she can come to live in it at anytime, and steal things from it, or even level future false allegations against you. I have never in my life seen any apartment in which one room is owned by one person and another room by another person, although I have heard about joint ownership of whole flat. 33 years is a very young age, and many people start looking for a wife at this age. Request you current partner to cooperate with you in fighting this woman, and I would even go to the extent of saying that she (your current partner) is displaying malafide motives if she is insisting upon making you put yourself in a legally and socially untenable position for the rest of your life. Further, 498a does not apply ab initio if marriage is declared null and void.

Manish Udar (www.Mehnat.IN)     16 March 2013

As legal owner of half of yout house she can come to live in it at anytime, and steal things from it, or even level future false allegations against you. I have never in my life seen any apartment in which one room is owned by one person and another room by another person, although I have heard about joint ownership of whole flat. 33 years is a very young age, and many people start looking for a wife at this age. Request you current partner to cooperate with you in fighting this woman, and I would even go to the extent of saying that she (your current partner) is displaying malafide motives if she is insisting upon making you put yourself in a legally and socially untenable position for the rest of your life. Further, 498a does not apply ab initio if marriage is declared null and void.

Ranee....... (NA)     16 March 2013

Your wife is very smart..she is finding the smart way to harrass you two for whole life..

Chetan Singh (SE)     17 March 2013

Yes true, she always thinks herself only and wants my life boarings since she knows that once i get someone i will not look back to her. Tabhi wo mujhe fasaye rakhne k liye mere hi gher me gus k rehna chahte hai...

And I am not able to judge what is correct , and otherway my next girl is saying ya to jaldi se solve karo nahi to wo jyada wait nahi ker payege....

Manish Udar (www.Mehnat.IN)     17 March 2013

If you are not able to judge what is right or wrong then why are you making such a big decision? Tell your girlfriend to wait till you are legally free, and tell your wife to get lost. Don't give in to double blackmail from two women.

Ranee....... (NA)     17 March 2013

Agree with Manish Udar, how can two women of such relationship stay peacefully?

If court declared this marriage null and void then why should you bend before her or give property?Regarding other cases fight them..those will be decided based on merrit.

Chetan Singh (SE)     17 March 2013

Dear Manish and Raane ji., 

I agree with you, but marriage is annuled not all cases are finished yet, 498,125,dv act etc sab abhi chal raha hai.mujhe milte hai sirf dates wo bhi 2-3 months ki hamesha kabhi exwife nahi aate to mujhe taariqh mil jate hai, kab judge nahi aate to tarikh mil jate hai, kabhi court me lawyers hadtaal to dates . sirf dates dates le le k thak gaya hoo. 498 me witness k liye wo last year gawahi de chuke hai but 1 saal se next witness k liye date mil rahe hai jo ki uske maa hai wo alag bimaar ka banahan laga dete hai.

Yar mai thak chuka hoo 3 saal ho chuke hai and pata nahi kitne aur lagengee, uske ek shelter chaiyee wo wife ban k kuch nahi chatee ab wo akele pad gayi hai to roti hai and ek bolte hai 1 roof k niche mujhe daal do, waise bhi last me mujhe kuch na kuch dena pad sakta hai.bcoz womens ko faver milta hi hai. And mujhe bhi shadi kerne hai maine apne gf ko sab bata rakkha hai wo bolte hai le de k khtam karo yar...

Ranee....... (NA)     17 March 2013

Court jate jate thok suke ho ,...isliye musibat ko ghar bitha lene chahte ho?

Chetan Singh (SE)     17 March 2013

Thak bhi chuka ho and dar bhi lagta hai kahi case haar gaya to jail na ho jaye and naukri bhi nahi milege..

And settlemnt mai written me kerna chahta hoo naa, agreemnet papers me waqeel bhi honge usme as a witness fhir to pakki baat ho jayegenaa????


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