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Ben Victim (School)     17 May 2016

Previous cases judgement

Hi,

My wife and I are going through a lot of issues and were not physical for a year and one of the reasons is her past marraige that had happened which I got to know almost after a year of our marraige. My wife had actually fallen in love with a guy and had got married to him(a civil marraige) but due to family pressure she put false allegations against him dragged him to court and harrased him and got him to have a out of the court settlement. 

Now she has been harrassing me that she would also take me to the court and I have no idea about her past marraige and also I dont have any documents to proove it. If she has done a out of the court settlement than do you think I can approach the guy she was married to? and get some help. Because I think if there was an out of the court settlement between them then there must have been a agreement to have no legal recourse against each other. 

                                      Please could you guide me on how to take a course of action based on the facts above. Do you think my wife's lover can be a witness of can he help me legally if he is willing. would he have any legal obligations to not share any information because of the settlement agreement. Also can I obtain the previous case judgement or order.

                                                                                                                                                                     Ben

 

 



Learning

 10 Replies

prabhakar advocate (advocate)     17 May 2016

If you didn't know her previous marriage and out of court settlement at the time of your marriage, you can file a annulment petition on the ground that she committed fraud.  How did you come to know about this thing is important.  And after out of court settlement, whether she took divorce or not is important.  If she took divorce, you can go to court and get the divorce file searched, where invariably out of court settlement must have become part of court record.  If she did not take divorce with the first one, then your marriage is itself invalid (ab initio void).

 

Born Fighter (xxx)     17 May 2016

Benazirath, you can find out case details of ur wifes divorce from Family Court website of your city. You will get the name and address of her first husband also. Thereafter you can get details of her case from court records ... Also looking at conduct of your wife im sure she must have filed other false cases on first husband, details of which will be available from district court website. Hire a detective who will get details of her past which seems to be quite shady.

Born Fighter (xxx)     17 May 2016

Benazirath, you can find out case details of ur wifes divorce from Family Court website of your city. You will get the name and address of her first husband also. Thereafter you can get details of her case from court records ... Also looking at conduct of your wife im sure she must have filed other false cases on first husband, details of which will be available from district court website. Hire a detective who will get details of her past which seems to be quite shady.

Mukesh sharma (job )     18 May 2016

Hi bena you need to proove her last marriage and if she did not phycial with you from last one  yeart and harras you mental and phycial thna plz record all thing and go to cour and file divorce case and if you contact with last guy which she ,marriage than you also file case fo cheating with you and hide thing 

so plz contact with one good family lawyer who deal in family case and file divorce case and also cheating with you 

thanks

G.L.N. Prasad (Retired employee.)     18 May 2016

It is not clear as to whether the divorce was through proper court , if it is through Court, you can avail the services of any local Advocate and seek such copy of judgment as a third party.

You can also file application to Registrar of Marriages and seek certified copy of their earlier marriage registration under RTI.

Let the remedy be suggested by a competent and sincere advocate and he will suggest suitable remedy.  But equip him with facts of documents.  Keep all originals with you and always discuss with xerox copies.

Eerangere Sana (Excellent Lawyer)     18 May 2016

Originally posted by : prabhakar advocate
If you didn't know her previous marriage and out of court settlement at the time of your marriage, you can file a annulment petition on the ground that she committed fraud.  How did you come to know about this thing is important.  And after out of court settlement, whether she took divorce or not is important.  If she took divorce, you can go to court and get the divorce file searched, where invariably out of court settlement must have become part of court record.  If she did not take divorce with the first one, then your marriage is itself invalid (ab initio void).

 

Agree with this advice.

A walk alone (-)     18 May 2016

When your wife or her family is harassing you get make a audio or video recording. This will help you if she file some case against you. You can get her previous case details by ecourt website by her name . Then you can get all details from court of that judgment or settlement. You can also contact her first husband .

Ben Victim (School)     30 May 2016

When she started threatening me that she will file a case against me and teach me a lesson, thats when I started enquiring about her past, This is when I got to knw about the annulment. I am really strugglibg to get the details of the past marraige. she also took my phone from my house when she left  so I dont have any proofs that I had against her but I have copies of teh recording.

Kumar Doab (FIN)     15 February 2017

You could have lodged complaint of theft of phone also and put it on tracking to get it back.

Copies are secondary evidence and order of court to get call recordings from Telecom Operator may be required.  

Kumar Doab (FIN)     15 February 2017

Previous thread at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147046&offset=1

Compile and approach a very able counsel specializing in Family Law.


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