Adultry, cheating

Married earlier/has she obtained divorce? If U can prove that she has been living separately from U since July 2014,U can file for adultery/bigamy,and enlighten her pregnancy.What is the status of 498A,DV and Maintenance?

Dear Sir Thanks for Reply, She was married earlier. but her family has hidden those details from us. I came to know this after marriage, when i caught her talking long hours over phone, she did all drama and asked me to leave her to her home for rakshabandhan. on 1st august we went by flight to baroda.. there she called her brother as per her plan and left my house and than filed 498a, DV and maintenance. Now she is staying with some third guy in mumbai and is 2 month pregnant. the dates of cases are going on, she has not submited any doccumentary profs in court for maintenence and DV, only the FIR copy of 498a. How can we prove is she is live-in relation, she will always deny but i am sure she is living with someone through her relation and pregnant.

U have 2 cases on hand to be filed against her.(1) Supressing her earlier marriage and marrying U without officially getting divorce from her original husband.If she is not officially divorced from her husband then UR marriage with her is null and void.(2 Once UR marriage is not valid according to Marriage Acts in India,UR association with her amounts only to live in relationship.Hence U cannot file a case against her u/s 497 IPC for Adultery.I personally feel U R at cross road,unable to choose which way to proceed.

This is my opinion and also wait till the other legal experts respond.

Very well advised by expert Mr. Sainath Devalla, I appreciate and agree.

You will have to collect evidences to the effect that she was already married, now pregnant and has extra marital affair.

Get your marriage annulled.

Seek the services, help and advise of your lawyer who is fully aware about the facts and law and proceed as advised.

If she was legally married to another person before she married you, then your marriage to her was ab initio null and void. If you lived under same roof at any time it was due to her making you falsely believe that she was your wife. Under such circumstances she cannot file cases against you under 498A or DV Act. She was a trespasser into your house. A trespasser cannot claim the benefits under 498A. In order to make a claim under any of the gender acts she should have had a valid right to live with you. She did not have that. Her rights were obtained through falsehood.

Kalidasa said

स्त्रीणामशिक्षित पटुत्वममानुषीषु

 सम्दॄश्यते किमुतया प्रतिबोधवद्य

The untaught cleverness of women to cheat can be seen even among animals. Then what to say of their human counterparts who have the ability to think and scheme?

498A and DV can be filed by a woman even if she is in live in relationship.

Laws do not say everything explicitly. If the live-in-relationship is achieved through suppression of facts and flasehood such a person cannot claim the benefits of 498A and DV Act. A female trespasser cannot claim any benefits. Law will not say that. That is why courts are there.

If you have enough evidence that she has already married before your marriage with her and also she is staying with a third party in Mumbai and got pregnancy on account his relationship, these grounds are sufficient to defend your cases.

There is nothing to think about it to this extent.  Suppressing the fact existence of a previous marriage itself is a reason to declare the present marriage as null and void.  As per law this marriage is null and void and this can be a very strong reason to challenge all her false criminal cases against you.  Further this can be a ground to repudiate her maintenance claim against you. The evidences to prove her present adulterous life as well as her current pregnancy status shall be a very strong grounds for filing  a case to nullify your marriage with her by a decree of nullity.