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deep (deep)     30 July 2015

Divorce and anullment

Married 2009 Divorce MCD 2010 Remarried a divorcee girl 2011 Son born 2012 Son ill wife went to her family treatment him 2012 I filed divorce custody2012 She hma24 during case maintenance fixed, I withdrew Mediations she say to come back We don't want her to come back She files cases 125 498 dv Now I files nullment of marriage Pls tel chances if win nullment case. And if she wins, wat will then happen I not pay 125 maintenance 2 years now warrants issue but I file quashing 125 in high court. High court date before 125 next date will I get stay if I don't tel court abt warrants n will 125 be able to quash I have resigned job, put blame of losing job on her as I HV proof, she complained my officer of my 498 case so I said I resigned because harassment Pls help n guide sir My claim is that there were no pheres saptpadi ( seven rounds around fire) Our marriage very simple only 15 family members No sphere in hotel room, only garland, ring manglasutra,sindhoor My claim, we married n cohabilitated because at marriage time, girls family denied this saptpadi ritual in their family, but now just now I came to know this ritual prevails in their family, so girl n her family done fraud in ceremonies my advocate assures 1. Hindu wedding not valid without saptpadi 2. Section 7(2) HMA 3 section 12(c) Can I win '. If not, wat happen? Plss guide we have a 3 year old son



Learning

 23 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     31 July 2015

Please reconcile with your wife and take care of your son and her. You have no right to bring a new life ie your son and leave both the mother ie your wife and the child to fend for themselves. You absolutely have no case and you will never get a divorce, as your petition has no strength. You will be liable to pay maintenance to your wife and child support too, your resigning of the job will have no consequences. The law is very clear in this aspect.

deep (deep)     31 July 2015

My lawyer shown me 7-8 judgements on - no saptpadi, no shaadi, means Hindu marriage not complete without saptpadi, and judgement that Hindu marriage without saptpadi is was null n void He assures that no saptpadi no marriage 2. He says my claim is that I just now came to know that saptpadi ritual ceremony is prevalent in girls family, and at time of marriage, I did not know this.so i am filing petition now.

Can u tel me n pls will i get stay in 125 case till the other pary comes n case in high court is decided.

What can be the decisions

SAINATH DEVALLA (LEGAL CONSULTANT)     01 August 2015

2009 to 2012 a period of 3 yrs series of matrimonial events occuring in UR life,yet no respite.U mean to say that in 2012 UR then wife went to her parents house for getting treatment to UR son.Correct, then U have not mentioned the reasons for filing divorce and custody,can U clarify

deep (deep)     01 August 2015

No first marriage no child, divorce was MCD

This is about second marriage. 

So much has happened legal now that seems notpossible now. Still she not agrees for divorce. 

Also she insists on that she wants to accompany me where i will stay for job. I told her to understand that lot of girls live away from those husbands who live abroad. They come to meet wife once a year, then why she not understand?

My parents say if she wants to live with me, then our kid should stay with my parents otherwise she cannot stay with me. I also agree.

But she cries over this little issue , n says she wants to live where i live. And says bluntly she will never live without our child. She agree to stay with my parents if i live there. 

Also will u pls answer the following too..Respected experts, kindly advise 1. If I have pan number of my spouse, can I get IT Details, is there a way?

2. If my spouse finds my biodata in a ,matrimony site n save that page ( otherwise account deleated now) , can she use it in court (i filed divorce she says no.     she filed125,498)

3. Warrants to be issued in 125 in sep2015, i filed quashing125 and stay in high court, first date in high court is in august2015, before the 125 date,    will i get stay if i dont tel in high court regarding warrants ( she still not sent summons, will be summon after 1st hearing)

 

She says she

 


(Guest)

Baccha hua he start living normal family life. Dont screw yourself.

Agree with RAJ123, your lawyer in process of making you certified rapist.

deep (deep)     01 August 2015

Thanks for the replies Respected experts, kindly advise 1. If I have pan number of my spouse, can I get IT Details, is there a way? 2. If my spouse finds my biodata in a ,matrimony site n save that page ( otherwise account deleated now) , can she use it in court (i filed divorce she says no.     she filed125,498) 3. Warrants to be issued in 125 in sep2015, i filed quashing125 and stay in high court, first date in high court is in august2015, before the 125 date,    will i get stay if i dont tel in high court regarding warrants ( she still not sent summons, will be summon after 1st hearing)  

deep (deep)     01 August 2015

Thanks for the replies Respected experts, kindly advise 1. If I have pan number of my spouse, can I get IT Details, is there a way? 2. If my spouse finds my biodata in a ,matrimony site n save that page ( otherwise account deleated now) , can she use it in court (i filed divorce she says no.     she filed125,498) 3. Warrants to be issued in 125 in sep2015, i filed quashing125 and stay in high court, first date in high court is in august2015, before the 125 date,    will i get stay if i dont tel in high court regarding warrants ( she still not sent summons, will be summon after 1st hearing)  

(Guest)

PAN can get you details of past transactions. But if spouse tells today at this moment I am jobless, then how will you prove? What if spouse shows some resignation letter of yesterday? What will you do? Very tricky right?

deep (deep)     02 August 2015

Pls and other ques also, will be kind of u. If my spouse finds my biodata in a ,matrimony site n save that page ( otherwise account deleated now) , can she use it in court (i filed divorce she says no.     she filed125,498)

3. Warrants to be issued in 125 in sep2015, i filed quashing125 and stay in high court, first date in high court is in august2015, before the 125 date,    will i get stay if i dont tel in high court regarding warrants ( she still not sent summons, will be summon after 1st hearing)

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

This post is becoming a debate,deviating from the original query,the querist is too keen on extending than soliciting solution

Mikey   02 August 2015

Mr Victim (not a Victim). 

Please follow experts advise. dont be foolish, your talk seems like a CON ARTIST.

Plz dont act and behave like uneducated arse hole. Be honet in your own self.

Regards

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

Rightly concluded by Mr.Mikey

deep (deep)     02 August 2015

Respected experts sorry if u feel i m just extending. But actually i m repeatedly reqiesting for 3 answers, will be kind of u.

1.  Is it true.. if saptpadi is not proved, the marriage wud be void n null

2If my spouse finds my biodata in a ,matrimony site n save that page ( otherwise account deleated now) , can she use it in court (i filed divorce she says no.     she filed125,498)

 

3. Will i get stay:- Warrants to be issued in 125 in sep2015, i filed quashing125 and stay in high court, first date in high court is in august2015, before the 125 date,    will i get stay if i dont tel in high court regarding warrants ( she still not sent summons, will be summon after 1st hearing)

 

 

 

 

 

deep (deep)     03 August 2015

Kindly reply experts I need guidance


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