Divorce

Hii M 31 years old. This april 2017 i got married. It was love cum arrange marriage. My husband was my friend earlier and knows me from 4-5 years. When we were friends he used to date so many girls which i know even his marriage got fixed with one girl which later on got cancelled by girl's family side. Same way i was dating one guy and 8 years ago we got our arya samaj wedding done without telling our parents. But soon after 1 month of marriage i got to know that he was already married and was living with his wife. Thereafter he came to dubai as he got job here and i hv also come to dubai as i also got job here. Later on he tried to convince me that he will divorce his wife and everything will be ok. But i was not sure as could not trust him so i told him we will see with time. Thereafter he divorced his wife after 2 years but still i was not sure about him. He convinced me to get married to him but i never did that and finally broke up with him in april 2016. My current husband being my friend knows about all these things still he told me dat he likes me and want to get married to me. So finally with the consent and permission of both the families we got married publicly in front of 500 people as per hindu customs in april 2017. After 3 days of marriage my husbamd started fighting with me and beating me. Now the situation is he dont want to stay with me and want divorce but i dont want divorce. Then his family and him they r threatening me to file case against me related to my first marriage dat i cheated them. Pls advice can any case be lodged against me as about my first marriage no body knows only we two were there neither it is registered. Also in dat marriage the guy was already married so how my marriage is valid. Pls advice me m in so much stress what to do as i dont want divorce. And how can i safeguard myself. Can thr b any complaint against me in bigamy. Thanks Deepa

@Deepa as he has concealed fact of previous marriage u can file a suit for bigamy u/sec 13 hma n 494 ipc concurrently
as against ur current marriage
as it isnt registered its null n void so no worry on bigamy charges
u can file DV case against ur current husband
in ur prev marriage ur husband is facing problem nt u as Indian law excuses wife from adultery offenses

dont worry...go to state bar association get a gud lawyer

Originally posted by : Deepa
	Pls advice can any case be lodged against me as about my first marriage no body knows only we two were there neither it is registered. Also in dat marriage the guy was already married so how my marriage is valid. Pls advice me m in so much stress what to do as i dont want divorce. And how can i safeguard myself. Can thr b any complaint against me in bigamy.   Firstly as rightly mentioned by you, your first marriage was null and void right from its inception.  So for such marriages, it is not necessary to get a declaration from Court. So, dont worry no complaint can be lodged against you. And anywhich way, the offence of bigamy can be registered only against males.  And unless and until your first marriage had been valid and subsisting, what happened prior to marriage shall not be considered by the Court.

 

@ Hariprasad, that depends upon a lot of factors. If you and your wife are agreeing to go for a Mutual Consent Divorce, it depends on the consensus reached between the two of you keeping in mind your individual liabilities, responsibilities etc.  Simpliciter the fact that you are not working is not going to disentitle your wife from maintenance, unless and until you are suffering from some physical disability which has rendered you unfit to work. 

Thanks for the reply. Bt i think my husband is going to file a case for bigamy and also trying to take some order from court restraining me to enter their house on the ground of threats and all. Pls advice where should i go can court or police throw me out of my inlaws house under any law. And if dont want to give him divorce and want to stay with my husband and family what should i do. And what measures should i follow. Do i hv any rights to stay in dat house. And can they force me for divorce. Pls advice.

You first marriage was illegal and void but you were required to get the same declared as null and void from court of law. Has your present husband any proo of first marriage? In case of need you may complaint the matter to police if your present husband takes law in his hand. Just wait for next move of your present husband. If possible talk to your husband and opt for divorce by mutual consent. There is no reason to continue with such relation. Sidharth 9811776422

Mr. Hariprasad, fixation of maintenance depends on various circumstances like financial position of parties etc.

Originally posted by : Deepa
	Thanks for the reply. Bt i think my husband is going to file a case for bigamy and also trying to take some order from court restraining me to enter their house on the ground of threats and all. Pls advice where should i go can court or police throw me out of my inlaws house under any law. And if dont want to give him divorce and want to stay with my husband and family what should i do. And what measures should i follow. Do i hv any rights to stay in dat house. And can they force me for divorce. Pls advice. Firstly, as already stated hereinabove by me, your first marriage was void from its very inception so you need not worry about the same.  Secondly, I would advise you not to leave the house under any circumstances.  As long as you are there, no one can throw you out without following the due process of law.  Mostly, the Court too would not dishouse you.  If he files for Divorce, which he cannot do before one year except under exceptional circumstances, then you can oppose the same and file for restitution of conjugal rights.  No once can force you for Divorce.