Sri (Finance Manager) 26 July 2013

Divorce laws for second marraige

Respected Experts,

This is Sri and I am from Hyderabad. I got married in April 2013. This was a second marraige for myself and my wife. I lost my first wife in 2008 as she was suffering with Cancer. Whereas, my wife is a divorcee from her first marraige.

Post our marraige, she stayed with me only for 3 days. She is a very short tempered lady and had a fight with me soon after the marraige and left to her parent's place. After this, I tried convincing her in several ways to bring her back, but nothing worked out. I have sent couple of emails and sms messages to her asking her to comeback. But I got a rude, arrogant and nasty responses from her. She is saying that I ve insulted her and her parents and hence she doesnt want to come back. Also, she has imposed all the false allegations on the email, for which there is no substance to prove.

After our marraige, I got to know that she has done the same way in her first marraige and filed a 498A case against them and got a huge money as permanent alimony. She and her parents are repeating the same thing what they ahve done with her first marraige.

I also come to know that post her first divorce she had got some affairs, which she is continuing even after our marraige. I have no proofs at this point in time on this case. She used to work until one month before her marraige and i heard that she had joined another job last week. She is getting around 12 Lakhs per anum as the compensation.

Dear Experts, could you please help me with the divorce laws incase of a second marraige? As she has stayed only for 3 days at my place after our marraige, can she file any cases against me or my parents under Sec 498A or 125 or any other sections. We have not taken even a single penny towards dowry or any other gifts. Marraige expenses are shared between both of us. But there is no record of the same.

I have bought some property (flat and lands) much before our marraige (almost 4 yrs back) with my own hard earned money. Could you please help me with the answers for the following doubts:

- Can she claim a share in my property that I have bought 4 yrs back, incase she goes for a divorce.

- Can she claim the property if I make a gift deed of my own propert to my mother or brother? As on date, they haev not filed any cases. So can I transfer my property to my mother / brother before they go with the cases.

- Can she file a 498A or any other cases against me under various sections.

- Shall I have to give any permanent alimony / maintenance to her even if she is working and getting a decent amount of 12L per anum as compensation?

- What are the precautionary steps I should take if she goes for a divorce or file any cases on me.

May I kindly request you to suggest me any good lawyers in Hyderabad whom I can approach in this kind of situation.

Your response and advices are highly appreciated. Many thanks in advance.

Regards,

Sri.

Reply Follow

8 Replies

Sunlawseeker (lawaspirant) 26 July 2013

Sir,

1) You can transfer your properties to your mother or brother before her divoce petition.

2) She can file a complaint u/s 498A or other woman related acts. you must ready to face them.

3) there is website which teaches you how to face 498a?

www.498a.org

Sri (Finance Manager) 31 July 2013

Thank you very much Mr Sudarshan for your valuable inputs.

Others, could you please guide me with complete details. Do we have seperate laws for second marraige?

Also, she hardly stayed 3 days at our house, and on the very first day it self, my mother got hospitalized with her behavior. SO i was in hospital for those 3 days. Even then can she keep 498 or any other women acts? I am sure that she cannot prove them as they are all false allegations.

Can she claim the property from me. Cannt she do the same if I tranfer the property to my mother or brother?

While taking the complaint or when the court hearing the case, do they look at her past history and give the judgement accordingly?

Kindly advice me all the possibilities adn guide me with the precautionary steps. Thanks inadvance.

Sri.

498A__misused (Sec) 31 July 2013

1. No seperate law for divorce after second marriage.

2. she can not claim property or anything if you shift it to your parents / brother , (advise - do it 30 -45 days before filling divorce or before she start any case ..do it ASAP)

3. While taking the complaint or when the court hearing the case, do they look at her past history and give the judgement accordingly? --- I will say that will come at very later stage .It does not make any difference , if you can meet her old in-laws and hsuband , may be they will help you in some way ...do it secretly.

(Guest)

Agree with experts.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 July 2013

Dear Sri

as per your query my opinion is as under:

Can she claim a share in my property that I have bought 4 yrs back, incase she goes for a divorce.

Opinion: she can not claim any property share because there is no law exist in present.

Opinion: same as above

- Can she file a 498A or any other cases against me under various sections.

Opinion: yes, she can as there is many women oriented laws in india

- Shall I have to give any permanent alimony / maintenance to her even if she is working and getting a decent amount of 12L per anum as compensation?

Opinion: if she is unable to mainain herself and left your company with sufficient reason only then she can claim otherwise not.

- What are the precautionary steps I should take if she goes for a divorce or file any cases on me.

Opinion: you should send information cum complaint to higher authorities regarding your apprehension.

Feel Free To Call

Sri (Finance Manager) 31 July 2013

Thank you very much all. Indeed, this is a great help and suggestion. I'll transfer the property ASAP to my brother / mother's name. Here I ve one more question. After our marraige, she stayed with me only for 3 days and left. Later, when I asked her to come back, she has made all false allegations that I insulted her, though I never did the same. She has sent an email with all these allegations almost 45 days back, for which I have not responded back, assuming that it goes into a blame game and I tried to avoid this blame game. However, I sent an SMS stating that they are false allegations and I dont want to respond to that email.

As she has stayed only 3 days, how can I prove that she is not staying with me. Also, just by staying for 3 days, can she go for a 498 or any other cases? Is 498A is a non bailable case? Kindly advice. thanks in advance.

Sri (Finance Manager) 31 July 2013

One more point, she claimed that she is a pregnant now. What are the laws in this case. thanks in advance.

498A__misused (Sec) 31 July 2013

Regarding the EMAIL ALLEGATIONS : I will say you must reply to her email stating that all the allegations are false .You just stayed with me for 3 days and not sure what are your intentions of dropping such email , also mention that you left house on your own wish and you never came back inspite of my regular request .....Remember one point which i learned - on email if you are not denying any allgation that means it is 50% accepted ...

But 45 days is a very long period now , may be since you deny by SMS its ok .. dont bother ...Even if you have not replied to her email via SMS then your lawyer might have taken stand in court that it went to junk folder or you might have not checked your email for 4-5 months ....

Pregnancy - Keep tap on her activities , At time of delivery ensure you pay that amount via check in her account . If you go to hospital (depend on situation) then take a pics of KID and yourself.You have to pay maintenance for kid also (which no father should deny also) and you should file child custody later at appropriate stage(which i guess every father will do because of love of child )

Can you PM me your number ...