Mediation agreement - maintenance & bigamy case

Hello Kino,

Did you do second marriage without divorcing first wife?If so 498A will not be applicable. 

Hi Ranee,

Thanks for reply.

Yes second marriage was done forcefully by parents. Ofcourse around 30years now.. we [first wife & children and second wife & children] were living together only.

Second wife and her brothers have become greedy and they are trying to get maximum of my retirement benefit. They are not agreeing for ancestor property share and asking everything from ancestor property.

I am trying to understand :

1. in mediation it was suggested to give monthly amount. Does this have any effect in future or even after my death that would be again stuck or something?
2. what all points should i consider while setting up conditions in agreement so that no future trouble occurs - either bigamy, or 498A or maintenance etc.

If mediation fails, they what precautions i should take well before so that i can anticipate what might be coming.

You have done second marriage without taking divorce from first wife therefore according to HMA your second marriage was null and avoid from begening , therefore no maintenance for second wife and no 498a upon you, 2. You have to pay maintenance for your children from second wife .

both the above advises are wrong.

the husband can be prosecuted by both the wives.

depending upon the facts, he has to pay both the wives.

husband wont be allowed to take advantage of his own wrong.

1. Your second marriage is completely null & void so any cases related to 498a, bigamy is not applicable however they can be filed. In such situation, these cases need to be countered on merits basis. 

 

2. Your first wife could press any charges i.e. 498A, 406, DV, Bigamy, etc. Take your first wife into confidence and ask her to support you in this through...!

3. File for null & void divorce petition stating that the consent from you have been taken forcefully and your wife was threatening you all the time.

4. Instead of kneeling down and paying 1 million INR; Hire a lawyer and offer handsome money to him. For any lawyer escaping you from your second wife would be piece of cake but in case, your first wife decide to sue you, you would be gone big time!

5. If your second wife charges you with Section 406 I.P.C then inform her that it would be terrible loss for both of us as you would say that your second wife knowingly did this to both of you (your first wife and you)!

Mango

Originally posted by : Mango
	1. Your second marriage is completely null & void so any cases related to 498a, bigamy is not applicable however they can be filed. In such situation, these cases need to be countered on merits basis.    2. Your first wife could press any charges i.e. 498A, 406, DV, Bigamy, etc. Take your first wife into confidence and ask her to support you in this through...! 3. File for null & void divorce petition stating that the consent from you have been taken forcefully and your wife was threatening you all the time. 4. Instead of kneeling down and paying 1 million INR; Hire a lawyer and offer handsome money to him. For any lawyer escaping you from your second wife would be piece of cake but in case, your first wife decide to sue you, you would be gone big time! 5. If your second wife charges you with Section 406 I.P.C then inform her that it would be terrible loss for both of us as you would say that your second wife knowingly did this to both of you (your first wife and you)! Mango

 

RED = WRONG

dear author, 

admit ur mistakes & do corrections.

falsehood never pays

Dear Amit - 

 

Thanks for letting me know that you've queries in this post. Until and unless Kinonessee is NOT any person other than Hindu these legal sections are valid. Here are the clarification -

 

As per the Hindu Marriage Act, 1955, a marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—

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(i) neither party has a spouse living at the time of the marriage;

1[(ii) at the time of the marriage, neither party—

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity 2[***];]

(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[eighteen years] at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

 

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

 

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Mango

 

Dear Amit - 

It falls under section 12(1)(b) in The Hindu Marriage Act, 1955

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

Mango

What's wrong in my reply..didi I said anything about maintenance?