Let us put this case as follows:
A and B are married but are separated due to conjugal dispute.
After some months, A, the husband gets involved with C, a cunning woman who is after the property of A. She puts pressure on both A and B to get divorced. So, A and B go to a lawyer, sign a paper saying that they want to get divorced by mutual consent and recording that money is exchanged. This paper is given to the registrar and he stamps it.
A gets married to C but they do not live happily ever after. Since C was just after money, she starts harassing A and with the help of her paramour, a local goonda and mafia don, also interested in the said property, she evicts A from his house, stripping him naked and puts him on the streets. The local police, of course, is in the pockets of the said mafia don and does nothing to help A.
To cap it all up, C goes to court and files cases against A under section 125 and Domestic Violence act. With the help of a conniving lawyer in league with a corrupt judge, she obtains a decree, getting interim maintenance and preventing A from selling his house. Poor cuckoo A, he cannot set foot in his house and is in the streets, while C and her goonda “friends” are living it up in his posh house.
However, he finds a great consolation. Seeing the situation of A, the legitimate or former spouse B comes to the aid of A. They finally start living together and when their misunderstandings are solved, discover a true love for each other. A gradually gets his act together again and arrives at a situation where he can take action for getting back his property.
This where I seek learned counsel from the members, with regard to the options available to A.
C has produced in the court a marriage certificate that is manifestly false. On the date on which the registration is supposed to have taken place, A was in jail, several days before and after the said date.
Further, his divorce with B is also probably invalid. Obviously, B was not aware of her rights and proper procedure was not followed. How best can he take advantage of these aspects to get his so-called marriage with C invalidated? This will enable him kick out C and get back his property.
My learned friends would have guessed that this is not a hypothetical case but real persons are involved and that the suffering is real. I have obtained valuable help and support in the past from members and am always thankful to them. I am sure that I will continue to get their valuable advice in future as well.
Vishwa
