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rajesh (officer)     27 August 2010

Maintenance under Sec. 24, in case of void mrrg Sec. 11,5(1)

I am a divorcee. Remarried with a divorcee girl thro' Aryasamaj ritual. She stayed with me for 7 days and left to parental home casually. Her behaviour during 7 days was very wild and doubt arousing. Meantime, we found that she and her mother were professional (adultery ) and had married only for money. Demanded Rs. 10 lacs. Also found that her earlier divorce decree was pending on the date of marriage with me, which came after 27 days of this marriage. I applied to the family court within 20 days for nullity under Sec. 11, 5(1) of HMA. She lodged 498(A), police issued B summary, yet pending with the court. She complained under DV Act, also under Sec. 125, and Sec 24 etc. While my case for nullity is pending, the court ordered her mntnc of Rs. 5000/- pm. I later found her income proofs and applied for the review of the court decision in the same court. Should I go to High Court or is the same court appropriate for the review? My meter goes on as my original case is backstaged and now I am fighting to get relieved from the undeserving, undue and illegal maintenance which she got without the status of  wife. Please sugest me all possible course of actions to save me from financial loss and also get direction that the marriage is by law void ab initio, it does not need any declaration and to come out of this tangle. Also please possibly send me the reference to a m'bai HC judgment that, in the event of the criminal case against one, one can still get the govt. job, as he is no convicted. This had a reference to a case of appointment to the post of judge.



Learning

 2 Replies


(Guest)

1. HC with Under Art. 227 Coi and S. 482 CrPC with Interim stay of trial court proceedings.  In my opinion your chance is more in a Writ of Certiorari with prayer to issue Order to review the decision and proceedings of trial Court on time based basis and determine whether there were any irregularities. Also pray for heavy cost in all applicaitons.


2. Application Under S. 156 (3) of Criminal Procedure Code as amended and uptodated on behalf of the Complainant for the Offences Under section 181 182 / 405 / 406 / 420 / 425 / 191 and 193 of Indian Panel Code as amended and uptodated against above named accused.

rajesh (officer)     28 August 2010

Sir,

Thanks.

Kindly please suggest if the draft is fine, can I fight it party-in-person in the HC?

What would be the procedure / sequence of events, once the same is admitted in HC after I file affidevit?

Can I alongwith pray to HC in the same petition, for directing the Fam. Crt to expedite my nullity case? I have aplied for the review of the order on maint. to the fam. crt, after I found the income proofs of the girl. Should I wait till it proceeds on review or should I challenge the order of maint. under s. 24 in the HC?

Rajesh. 


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