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confidential (hidden)     30 May 2014

Maintainence

hi ppl need an advise from you,

 

the girl i married last month is a divorce (she said she never went to court for divorce in first marriage)

now she is behaving so rude and even her parents are supporting her and when my parents asked them that we want to sit and talk to resolve the issues they are not helpful and behaving so rude(we just want to explain that their daughter i treating with sucide and said that she dont care about me if i dont listen to her coz she is very much concenred about her and she will look after her good and if she dont feel rite then she will go any extremes if any thing goes in this marriage hardly we been togethar for 6 days and nothing happened between us) 

now i am scared of living with her i dont know what happened in her first marriage, and she is behaving like this what if something goes wrong then every one will blame me

so what are the ways to convey to her parents that she said all these words and if they dont listen i dont have any proofs that she said these words to me

 

i am really scared  if i go for divorce can i use her 1st divorce its an exparte given to her husband and use the points mentioned in that divorce and if i have to pay maintainence how much i have to pay

i am earning 50000rs and paying 25000 as interest for my marriage expenses now can some one suggest me plz...



Learning

 11 Replies

confidential (hidden)     30 May 2014

she finished her MBA hr and used to work before 1year of our marriage and now she is no more working i have no assets on my name and no savings 

Biswanath Roy (Advocate)     31 May 2014

Collect all certified copies of Divorce relating to her first marriage which can be good evidences in your need. File a written complain in the local police station against your wife complaining that she is often threatening you that she will commit suicide if you do not do everything according to her dictation etc.etc.and collect a receipted carbon copy of that complaint for your future need.

T. Kalaiselvan, Advocate (Advocate)     01 June 2014

First thing is that you gather information of  her divorce proceedings of her previous marriage, if you find that she has not legally divorced her previous husband, you may file a petition for annulment of your marriage for suppressing the fact that she had a spouse existing as on the date of her marriage with you.  Subsequently, you may lodge a complaint with the local police narrating the incidences of threats of committing suicide over silly and petty issues and that your will not be responsible if she really attempts suicide. Secure all these evidences and tackle her issue accordingly.

Gautam Kapoor (IT professional Studying Law)     01 June 2014

Dada and Mr.KalaiSelvan’s expert legal advice are apt.Nothing more to add.

Gautam Kapoor (IT professional Studying Law)     01 June 2014

Dada judhi ESIS,Rocky aar sob bhodro log judhi Sr.KalaiSelvan aar apnaar aar Ganguly Moshai mile ak jhut hoye jain to aamra yeh false 498 dikhe lodthe padi.

Translated in English

Elder Brother,if the likes of ESIS ,Rocky’s and Mr.KalaiSelvan and respected Ganguly sir are one we can create history and fight the false 498 cases.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

1. Collect the copies of previous divorce.

2. File complaint in the Police Station about threats.

3. Stay away from this lady thereafter and file divorce using S. 14 of HMA within ONE YEAR.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

confidential (hidden)     03 June 2014

respected people ,

 

how to get the first divorce papers if the girl parents are not willing to show us do i have any right to ask them, if so what is the procedure

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

If you know the names of the party and where the divorce was granted, you can contact a lawyer in that court to get certified copies of the divorce petition. Two courts, where the husband is residing and where your wife resides would suffice to find the copies.

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Adv. Chandrasekhar (Advocate)     04 June 2014

I slightly differ with the advise given by the above experts.  First priority should be to get divorce papers of the first marriage and get them as soon as possible.  Second do not consumate the marriage.  Third, if the divorce papers suggest that irregularity, then go for annulment on the ground of void marriage.  Otherwise, go for annulment under S.12 (1)(c) for fraud on the ground of concealment of previous marriage.  Before coming to an informed decision, do not put up any complaint before police or any other authority, which may stymie you in annulment proceedings.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

I agree and correct myself.

 

If there is any irregularity, then annulment instead of divorce should be filed.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Biswanath Roy (Advocate)     04 June 2014

@ Dear Mr. Gautam Kapoor,

I differ with your last posting. Challenging applicabillity of sec.498A IPC is not a easy task unless a man has thorough knowledge in Criminal Procedure Code, Police Act , Police Mannual, Penal Code and Constitutional Laws But allegations related to can be challenged successfully.


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