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N K Sharma (manager)     19 May 2014

Second marriage

Dear Sir,

 My friend got married on may 2005 after 6 months his wife separates from him and came back to her mothers house from there she filed 498 , for that my friend and his family got bail from court on dec-2005, after that when he tries to contact her they again filed 506B case for harasshing , for this they fight for 7 years and 506B case closed on 2012, on March 2006 she files 125 for maintenance for this court ordered maintenance of Rs. 2000 from Jan-2007, on Jan-2009 she again files 125 for raise in maintenance and maintenance increase from Rs 2000 to Rs. 3000/month on Jan-2011. In this period my friend tried to bring back his wife and settle this matter but she not agrees, after that on Jan-2011 he lost case of 498 and case goes to seshan court, still this case in under trail, On Oct-2011 he files case of divorce on her but she is not agreeing to give divorce not agree to live together and verbally she saying that she not want to live with him, for this she also not coming on dates of divorce case but till today case is open in family court, in meanwhile his wife knows about his relationship with another women and having child so, may I know how my friend is able to get divorce as 3 years already gone after filing divorce case, secondly what criminal case his wife able to place for his relationship. And how he able to defend him as fact is that his wife not wants to live with him and living in her mothers house from last 8 years, nor she is giving divorce. My friend offered her lump-sum about for she is not agreeing and she is working on good position with fair salary. Kindly suggest how my friend get divorce and able to defend for his relationship with second women and child for any criminal case against her by her wife. 



Learning

 14 Replies

Laxmi Kant Joshi (Advocate )     19 May 2014

Your friend come under more problem his wife will file a criminal case of bigamy u/s 494 ipc against him and proof is his son from second wife , for this offence he will be put for 7 years behind the bars , better try your best for mutual consent divorce pay her one time alimony and get rid from her .

N K Sharma (manager)     19 May 2014

Dear Sir,

        I know this case from begining and here his wife not giving him divorce nor coming back nor coming to family court for hearing also, from last 4 hearing she was absent, at present current judge is transferred and next judge will come next month, is there any law to call her to be present in hearing of divorce, secondly my friend has no marriage proof nor marriage photo with second lady only child birth certificate, so is this is enough for his wife to place legal case against her as  she not living with him from last 8 years nor giving divorce. kindly suggest 

 

         

Muhammad Johar (Inspector)     19 May 2014

Convert to Islam and you will get legal 2nd wife. And when all matter solves again convert to your original religion. This is called tit for tat. And don't forget to give talaq verbally to the first wife. Matter solved. Hurrah

N K Sharma (manager)     19 May 2014

Dear Sir,

In any cost he'll not change his religion. So , kindly suggest other things as he has no marriage proof with second lady only birth certificate of his child.

Laxmi Kant Joshi (Advocate )     19 May 2014

Johar knowingly or unknowingly you are insulting your religion , islam doesn't permit such conversion which carry wrong intention , his case will not end by changing his religion but if he does so it itself a proof of his malafide intention , he have to defend his case on their merit ,without changing his religion .

Adv k . mahesh (advocate)     19 May 2014

already you have filed the divorce case and try to convince your lawyer to make ex-parte order as your wife is not coming to court and also here point is that she 

1. she is working 

2. she is not interested to give divorce but harassing you

3. your week point is you have gone through second marriage 

4. she can take another case of bigamy against you 

so here you lawyer can convince and take order

Shantanu Wavhal (Worker)     19 May 2014

Originally posted by : Muhammad Johar
Convert to Islam and you will get legal 2nd wife.
And when all matter solves again convert to your original religion.

This is called tit for tat.
And don't forget to give talaq verbally to the first wife.

Matter solved.
Hurrah

 

 

so simple.

how idiot are we !

didnt understand such a simple solution.

thanx Muhammad Johar Bhai !!

Shantanu Wavhal (Worker)     19 May 2014

he lost case of 498 and case goes to seshan court

 

conviction ?? in 498a case ?? isnt it a serious matter ??

N K Sharma (manager)     22 May 2014

Dear Seniors,

        KIndly suggest what precaution my friend will take in this case. 

Gautam Kapoor (IT professional Studying Law)     22 May 2014

Agree with Amit,conviction in 498 is a serious matter.

The judges in India are not fools to see the ploy behind conversion to Islam.

Your friend would be punished for bigamy if his former wife ( former not ex) is able to prove the unlawful second marriage through photographs,marriage certificate and essential ceremonies required for valid Hindu marriage ceremony .Pregnancy of his second wife doesn't prove the actual marriage, a woman can become pregnant even in absence of marriage .Onus to prove both marriages is on the complainant spouse.Bigamy is a tad difficult to prove.

BTW is this your friend or you.

Shantanu Wavhal (Worker)     22 May 2014

SC has already discussed conversion issue in Sarla Mudgal case.


N K Sharma (manager)     25 May 2014

Dear Gautam Ji & Amit Ji,

         My friend have no marriage certificate of second woman, nor have any marriage photographs, he have only birth certificate of his child with both names, and he has given her  name on his company papers where he is working, so by this proof is his first wife able to place FIR. Kindly support and suggest name of good lawyer for support. What safety he have to follow, as he is good in nature and kind person as per my personnel knowledge. 

Gautam Kapoor (IT professional Studying Law)     25 May 2014

I can/will answer your question if you let us know why your friend was implicated in 498.

N K Sharma (manager)     26 May 2014

It is fraud case he had placed every evidence that when his wife leaving with him that time no dispute, nor he had done cruelty , his other family members are leaving in separate city but his wife placed name of his whole family, secondly she is not agree to come back not giving divorce, her brother saying that give 50% share than we'll withdraw all cases and give divorce also, but this is not possible to give 50% as this is ancester property, they are blackmailing but in law special priority to lady in place of husbands. this case was filed 8 years back and his wife is separate from last 8 years. So, how he'll able to get divorce as this case is also pending from last 3 years and she is escaping to give her statement in divorce case and absent in hearing date from last 4 hearings.

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