(a) She was in relation with her class mate and had made marriage by sharing warmala without any witness and stayed with him for four days.
(b) Got pregnant there but forcefully aborted by the parents and did not accept the marriage as the boy was from lower cast.
(c) Made marriage to me against her will and hide all the facts.
(d) Got pregnant after 2 months, and one day she discloses the facts about her marriage, pregnancy and presence of her ex husband in our marriage.
(e) Express her desires to stay with him.
(f) I try to convince her but could not succeed.
(g) I call her brother and send her to her parental home .
(h) Next day I along with my father went to her home and narrate the facts to her parents and brothers.
(i) The inquired from their daughter who accept that she has told me everything.She also told her parents that ( Maine to tumhe pahle he kaha tha ki main wahan se aa jaongi aur unhe sab bata dungi, Aap ne he kaha tha ki ek baar apni biradri mein shadi kar le fir hum tere saath hain aur is liye aap ne mujhe koi dahej bhi na diya tha.)
(j) Her parents accepts the facts and told us that they will file a 498a case and maintenance case and their daughter will stay with anyone to whom she likes you can go and do whatever you want.
(k) I file a case for decree of divorce and explain all the things in my petition, My advocate file the case and took it very lightly and file the case. I could not prove the allegations of cruelty and adultery in the court and lost the case.
(l) When I filed the divorce case she files the 498a case as a counter attack on me and my family members. Police treated us like hard core criminals and my mother died because of this cruel treatment of police and court.
(m) She along with her parents approach to her ex (boyfriend) husband but he refuse to accept her as wife but again start physical relation.
(n) She gives birth to a male child in 1997 at her parental home.
(o) When I lost the case of decree of divorce she filed a case for compensation of Rs 5 lac as I could not prove the cruelty and adultery in divorce case.
(p) When her boy friend refuse to accept her as a wife her parents contacted with a divorced man, marry their daughter to this man and she start leaving with him along with her baby boy at his village without taking divorce from me. Here she again gives birth to a male child in a private hospital. Also she admits her elder boy in a school in her new husband’s village.
(q) All the things were known to her new husband and he starts supporting her and taking interests in court cases as he was unemployed and was in a hope that his wife will get a lot of money and land from me by court order and they will enjoy it. As I am in a govt. job and heaving 20 Acres of agricultural land which I got from my forefathers.
(r) Again in her new husband’s village she gives birth to a mail child.
(s) After twelve years of continue trial I win the 498a case in 2009. And the 125 crpc is canceled because of absence of both the parties in the court on scheduled date of hearing.
(t) When I win the 498a case, her family got disappointed and she files a fake case of attack on her by me, my father and brother in her parental home which was registered by the order of court under article 307, 494, 120 etc.
(u) This 307 case was sent to police for FIR and further inquiry.
(v) The police submit the report to court after inquiry and the case was canceled.
(w) Suddenly one day her new husband died in an accident.
(x) After one year she came to know about the cancelation of 125 cases and she took the copy of judgment and again applies to the court for the reconsideration of this case and it is accepted by the court.
(y) I have not filed any divorce case after losing my previous case.
(z) Now two cases are pending in the court :-
a. Compensation case for Rs 5 lac against lost divorce case.
b. 125 Crpc case filed for reconsideration which is accepted
(aa)Now pl tell me whether:-
a. Case of 125 crpc which is filed after one year of rejection is maintainable.
b. Compensation case for Rs 5 lac against lost divorce case is maintainable.
(bb) I do not have any proof of her new marriage except her voter card in new husband village and her younger child birth certificate.
In 498a case evidence she accepted that she is unmarried and leaves in said village(New husband village)
