Shekhar Chourasiya (Proprietor) 14 September 2017

Second marriage, during the subsistence of the first marriag

Second marriage, during the subsistence of the first marriage by wife, and in nullity petition, she has filed application for maintenance and family court allowed application while previously for the same case, she filed a transfer petition before supreme court and supreme court asked her to file and affidavit that whether she was unmarried at the time of second marriage or not, she filed an affidavit that she had customary divorce. Supreme court rejected her transfer petition immediately after the affidavit

Now in family court she filed an application for maintenance and family court allowed her application of maintenance, while Supreme court's decision and affidavit is on record.

Secondly and most important is she claimed herself as housewife, while we know that she is doing some business or service we have filed RTI in Income tax office with her PAN number for her income tax returns and she has taken objection for giving the information to us, we have both the letters from income tax department, and submitted to the court in reply of her application, but court has not mentioned anything related to the income tax in the order of maintenance.

Needs your valuable suggestions.

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5 Replies

Adv Radhika Mehta (Advocate) 15 September 2017

From what i understand, Family Court has awarded her interim maintenance. During the pendency of even a Nullity Petition, the Court can grant interim maintenance.

To prove that she is working, you will need more than just an RTI query. You have not mentioned whether the RTI query revealed anything. You can file an Application for Production of her Documents or put a Detective behind her to get more concrete proof.

Shekhar Chourasiya (Proprietor) 16 September 2017

In Income tax department, she has taken objection from giving us her income tax returns, we are having letters from income tax department, her statement was "it's my personal information, don't give it to my husband"

Adv Radhika Mehta (Advocate) 16 September 2017

That is not sufficient for the Court to deny her maintenance. You need more concrete evidence. Ask for production of her Documents.

Gloria 17 September 2017

Hi I got married on Special Marriage Act Nd never stayed together it's been two years and now we filed a mutual divorce, is it possible dat I can get married after 60 days filing the first marriage divorce or I can take any special permission before Da second marriage.. If you can help me out.. Thanks in advance.