Hi Everyone
I am writing on behalf of one of my brother.
He got married in 2007 April with a girl who had an affair with a married man. She ran away with her bf after 10 days and never been found.
Then Girl's father files a FIR saying she ran away and written presented himself in court with my brother and written on a affidavit saying she ran away and our family has nothing to do with it.
After 3 months it was mutually agreed with Bride(who ran away with bf)'s sister that she will get married to my brother, with only one condition that she wants to continue her studies( which was not a prob at all)
When this 2nd sister got married to my brother after few months she started saying she does not want to live here and we found out she had an affair as well, which we informed to her parents but they were not bothered and try to cover up, which we forget. She was enrolled at uni for MBA she failed in all semesters except one. She then had a condition that my brother give up his business and work in the home town only. He did that as he wanted to have a good family peaceful life.
Every few months she had problem and used to go away to her parents’ house and my brother and parents used to go and accept her conditions and bring her home.
Then my brother and she had a baby boy, all was ok, but again she lost her plot and started acting same like old behaviour. She demanded we put money and house on her name and asked my brother to leave my elderly parents, my brother refused. she then started threatening to do suicide and send everyone to jail.
In Oct 2012 she cooking separately in house and stopped talking to everyone at home and even she used to stop 3 year old boy not to interact with any of the family member. Anyways her father came to take her for a week but she never come back.
In 2013 my brother filed a case to bring her back at home but they never attended any court hearing. So then Judge said this is invalid marriage and invalid child as when they got married my brother did not get a divorce from 1st wife, so Judge advised to get divorce from 1st wife.
My brother filed a divorce from 1st wife in August 2014, (Aug 2014 my granddad, in sept my father then in Nov my aunty passed away) after all stress in family inOct she sent someone saying she need security and wants 25lacs. We refused and advised if she need any money including Child Maintenance she need to apply through court.
Now in Nov 2014 she filed a case in Women cell saying my brother, sister and mum used to do Domestic violence to her and was asking her Dowry. And in her file she written down all pathetic things and made big issues and not mentioning about anything all the mental stress she created for all of us.
J U D G M E N T
1. Petitioner Jatinder Verma has filed this petition under
Section 9 of Hindu Marriage Act, against the respondent for grant of
decree for restitution of Conjugal Right.
2. The brief facts of the case of the petitioner are that the
marriage between the parties to the petition was solemnized on
29.07.2007 at Chandigarh as per Sikh Rights and Ceremonies. The status
and place of residence of parties to the petition before marriage and at the After the marriage, the parties to the petition lived and
cohabited together as husband and wife at Ludhiana and one male child
was born out of his wedlock. Earlier marriage of the petitioner was
solemnized with Rekha, elder sister of the respondent on 29.04.2007. But
after a few days of the marriage on 17.05.2007, she eloped with her
paramour and till date is untraceable. A DDR in this context was
registered by the father of the respondent with the police. Thereafter, the
marriage of the petitioner was solemnized with the respondent. Soon after
the marriage, the behaviour of the respondent was not cordial with the
petitioner and his family members. On asking, respondent revealed that
she was not ready for this marriage and she was forced to perform this
marriage. Thereafter, respondent started demanding that the petitioner
should live separate from his parents. When petitioner refused to accept
this, she started quarreling with the petitioner and his family members on
petty issues. She used to leave the matrimonial home and stayed at her
parental home for months without any reason. She was also admitted for
pursuing MBA but she failed to clear the examination. On 14.11.2012,
parents of the respondent came and took her and the minor son along
with them. At that time they told that she will return after a few days.
When she did not return, petitioner contacted her but she refused to come
back unless petitioner arranged for a separate residence. When petitioner
refused to do so, as his father has undergone heart bypass surgery and
there is no one to look after his old parents, she threatened the petitioner
that he and his family will be implicated in false cases as they are not
accepting her demands. Thereafter, several panchayats were organized
but respondent and her family members never agreed to return the
respondent and the minor child. Petitioner has come to know that the
respondent has admitted the minor child in a school at Kalka. It shows
her intentions of not returning back and resume the cohabitation with the
petitioner. The petitioner has not condoned her right of conjugal right.
The petitioner made his all efforts to ask the respondent to join his
company but the respondent flatly refused each time. The respondent is
reluctant in joining the company of the petitioner at Ludhiana. The
present petition has not been presented in collusion with the respondent.
There has not been any unnecessary or improper delay in filing this
petition. There is no other legal ground why the relief sought for should
not be granted and that there have not been any previous proceedings
with regard to marriage between the parties.
3. Notice of the petition was issued to the respondent.
Despite service through publication in the newspaper 'Daily Aashiana'
dated 07.03.2014, the respondent failed to appear before the court. As
such, she was proceeded against exparte vide order dated 13.03.2014.
Thereafter, the case was fixed for exparte evidence of the petitioner.
4. In exparte evidence, petitioner has examined himself as PW-1 and has tendered into evidence his affidavit Ex.PA. The petitioner
has reiterated, on oath, the entire version of his plaint. He has also
examined Sh.Ram Paul Verma as PW-2, Sh.Raj Kumar as PW-3,
Sh.Amritpal Singh as PW-4, Sh.Ashwani Kumar as PW-5 and Sh.Rajesh
Kumar as PW-6 who tendered into evidence their affidavits Ex.PB,
Ex.PC, Ex.PD, Ex.PE and Ex.PF respectively. PW-2 to PW-6 have
corroborated, on oath, the entire version of the petitioner. Thereafter,
petitioner closed the evidence vide his separately recorded statement
dated 21.05.2014.
5. I have heard Ld. Counsel for the petitioner and have gone
through the record of the case.
6. Petitioner Jatinder Verma appeared as PW1 and tendered
into evidence his affidavit Ex.PA. I have gone through this affidavit. All
the facts as mentioned in the petition are reiterated in this affidavit.
7. PW-2 to PW-6 have also corroborated the facts as mentioned
in the petition. The evidence led by petitioner goes unrebutted as
respondent close not to appear and to be proceeded against exparte.
8. The petitioner as well as all the witnesses examined by the
petitioner in exparte evidence have stated that the marriage between the
parties to the petition was solemnized on 29.07.2007 at Chandigarh as per
Sikh Rights and Ceremonies. After the marriage, the parties to the
petition lived and cohabited together as husband and wife at Ludhiana
and one male child was born out of this wedlock. Further stated that
earlier marriage of the petitioner was solemnized with Rekha, elder sister
of the respondent on 29.04.2007. But after a few days of the marriage, on
17.05.2007, she eloped with her paramour and till date is untraceable. A DDR in this context was registered by the father of the respondent with
the police. Thereafter, the marriage of the petitioner was solemnized with
the respondent. However, neither the petitioner nor any of the witnesses
have stated as to whether the petitioner had obtained divorce from his
earlier wife i.e. Rekha who eloped with her paramour or that the marriage
of the petitioner with Rekha was dissolved by a decree of divorce by the
court of law. During the subsistence of marriage of the petitioner with
Rekha, the marriage of the petitioner with the respondent is not a valid
marriage as per Hindu Marriage Act, 1955 because as per Hindu
Marriage Act 1955 a marriage performed by any Hindu during the
subsistence of his/her earlier marriage is not valid marriage. Since the
alleged marriage of the petitioner with the respondent is not valid
marriage, the provisions of Section 9 of Hindu Marriage Act 1955 i.e.
restitution of the conjugal right are not applicable to the present petition
and as such the decree under Section 9 of Hindu Marriage Act 1955 for
the Restitution of the Conjugal Right cannot be passed.
9. In view of what has been discussed above, the petition under
Section 9 of Hindu Marriage Act 1955 for the Restitution of the Conjugal
Right is dismissed. No order as to costs. Decree sheet be drawn. File be
consigned to the record room after paging, indexing and completing the
same.
Announced:15.07.2014
Now my question is where we stand about 1st marriage’s divorce as it’s been over 7 years and that lady I think has a kid with the guy who she ran away, how long it can take to get divorce if we do not know where she live.
2nd Question where we stand with regard to this second wife, if we were DV when why she is reporting now not at that time and can she send jail to my family members to DV/Dowry case etc.
Thanks for your help.
