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Rohit Sharma (Software Engineer)     11 September 2011

Trouble in marraige life

Dear Lawyers,

A warm good morning to all of you!

I am stuck in typical situation please advice me after reading this.

Earlier in 2010 , One girl loved me and after that I so we did love marriage 2010.But after 2 months I realized that she is using me only for money and her cruel nature of money demanding for her family , her alcholic brother.
We were seperated and I had suddenly filed this marriage for nullify with the help of lawyer.

Since I hided my this marrige to my parents because it was ruining my life, so without knowledege, my parents did a arrange marriage for me of our socity girl.  This marriage was done after 5 months of my first marraige.
Initially every thing was fine but my ex-wife told them truth (second inlaws), so my second inlaws taken my second wife and filed  null and void case on me and as a settlement they taken security amont of 7 lakhs rupees from me with a condition, that when I will take divorce from my first one then only they will send back my second wife with me.

Now after one year passed and I my first marrige got nullified as ex-party. But my second inlaws are not showing any intrest on me to send my wife back. They are ignoring the phones and meeting dates.
since we are taking the help of elders and mediaters to talk to them but they are sitting quitely, since they have got money also 7 lakhs so they are only continueing their null and void case on me and court has sent me summons.

Now Please advice what I should do, since they had done also cheating with me, since I have stamp paper aggrement with them as a proof. so what should I say in court ,what steps needs to be done by me to get my real wife back , I love her a lot and dont want to loose her.



Learning

 18 Replies

ajay (Eng)     11 September 2011

 

Dear All,

Can you please tell me?

1. What is the meaning of marriage as per Hindu marriage act?

 2. What are the responsibilities of a husband as per Hindu marriage act?

3. If wife is working, is she is also responsible to maintain the house on daily basis, (or it is only responsibility of husband to bear all charges regarding house maintenance).

4. What are the responsibilities of a wife as per Hindu marriage act.

 

Adv Archana Deshmukh (Practicing Advocate)     11 September 2011

Actually you have cheated them by not disclosing your first marriage, also the second marriage performed while the first marriage is subsisting is void.So it is better that you talk to your wife directly  and try to convince her and bring her back.

Rohit Sharma (Software Engineer)     11 September 2011

Thanks Archana ji, I have already accepted among all my blunder mistake on that time ,as a result they have insulted  me very much with abusive langauge including my family . So due to participation of my realtives and elders they have done agreement me with huge amount so now my first case is over so why they are not commited with their words.

As far as my second wife is concerned she is talking to me but she has clearly said she will do as per her parents and brothers wish. Else she will marry another boy if her brothers will not let her go with me.

Mediaters are trying to solve the matter but no results so legally what I can do for her, like what strong cases i can file to bring her back?


(Guest)

Hi Rohit,

In your version, You are the defaulter and you want to cross case your innocent wife. This is not a correct way, Be behave as a human.

Try by personally meet her or her family members along with the mediators.

Otherwise suggest you to change your path, But not try to cross case that innocent one.

 

Regards,

Abhinatre Gupt.

Adv Archana Deshmukh (Practicing Advocate)     11 September 2011

@Rohit Sharma

Do not think of filing of any case against your wife, as her case of nullity is stronger. The proper remedy will be to talk to your wife regularly, take her in confidence and convince her to save the marriage. if the bond between you 2 become stronger, she may come back.

Tajobsindia (Senior Partner )     11 September 2011

@ Author


I totally agree to two advises of ld. Archana. There is nothing much that can be done as per your brief if HOME Is what you want to establish now and stop cribbing about 7 L instead try coming 7 times in good books of your second wife and she and her side may oblige soon seeing your genuine repentance.


It is opined that ladies forgive but don't forget 'hurt' easily and it is matter of 7 times apologizing to her and her side politely and with passage of time she may comeback to make a HOME ..................

 

Rohit Sharma (Software Engineer)     11 September 2011

Agreed with all, but since last one and half year I am living like bachlers, frustating life.

I am working in IT but when I am in very frustation, I have repent my mistakes but now want to start happy life.
since her Brother is fighting null and void case with me and I need to present on next date. I dont want my this marriage to be nullify. So I am seeking best ways to solve this matter.

As far as telephonic conversation is conserned , now days my inlaws are strict on her.
Her phone is swtichedd off last 20 days. In earlier cummunications she was neutral , she is not taking any ones side. So I am worried how she can come back?
Me and My family members cant go their home directly since by nature they are very abusive and fighting type, her three brothers are very bad in nature they had abused me a lot. Since I had done blunder mistake so i want to forget all and want my wife back.

I am seeking suggestion what should i need to present my self in that null and void case on me.


(Guest)

Hi Rohit,

To be with your wife her support is utmost required in your case, Nothing else. 

Irrespect of her any family members. No advocate will help you as advocate will help you legally only not in personal front. Your case needs more personal support from your wife instead of legal one.

Try to convince her, That after divorce or mrg nullification. Only the bride & her groom is affected not any other family members. Take the help of your friends or better if you take help of her close friends.

Is there any guarantee that other one is a good one or she get easily a another one (In case of her second mrg), Suggest you to try every possibility from your end. By the way of request only in oral & in written both. 

Also confirm her that you do equal share with her in your property or any type of belongings or in present bank accounts linked with your salary account. This is the only way to bring back her as well her faith upto some extent not fully, As per my opinion.

If all fails, Then fight cases judiciously and accept your mistakes in front of magistrate too. May be any solution there because there are chances with everyone that anybody do the mistake in his/her life. But don't lie in front of magistrate.

What are the cases against you ?   Please mention may be then anyone guide you in a better way.

 

Regards,

Abhinatre Gupt.

Rohit Sharma (Software Engineer)     11 September 2011

Thanks Abhinatre ji, I am agree with all members advices so i will only keep quite .I will accept my fault in front of judge also.

I have no cases from her only null and void marriage case is with me from them, since earlier their family was planning to file 498a,495 etc on my whole family but due to god garce and relatives involment they have settled all with 7L amount. This marraige had no dowery involved.

So I will keep quite and praying god that she must come for me.
My father and relatives are approching with her families lets see what will be the final desision upto this month.
Next month of first week I need to appeared in court.

Adv Archana Deshmukh (Practicing Advocate)     11 September 2011

Engage a good advocate for the case in the court and act as per his/her advice. But your most important part is out of court where you have to work hard to build up faith and confidence about yourself in your wife's mind. As you have cheated her and are at fault, it is but natural that her family is angry at you. But be polite and try to convince her so that she is ready to forgive and forget the past.

Rohit Sharma (Software Engineer)     12 September 2011

Hi All, I am sharing todays meeting updates with elders of my inlaws. They are saying that I have got ex-party marriage null and void. So my ex-wife can appeal in court any time.so they are using this as a weapen to not send my wife back. Please advice how i can make them belive that my ex-wife is not going to harm me or my wife by court since my earlier marriage is already null and void. Else advice me any good reply for them?

Chetan Singh (SE)     12 September 2011

try to convence your inlaws that there is 60 days time period for appeal the judgement .So after that 60 days your ex -wife will not able to challenge even in high-cort. I have only this for you.
I dont know if there is any weapen for your ex-wife so that she cant challenge the judgement even from high-court or supreme court.

Else Respected Lawyers will advice you on more that what you should tell to your inlaws to take them in confidence that nothing is going to wrong to take your wife back.

 

Adv. Chandrasekhar (Advocate)     13 September 2011

Their contention is absolutely correct.

In ex-parte divorce decree, an application can be moved by respondent (here your first wife)  within 30 days before the same court, where decree is passed, to set aside ex-parte decree.  Otherwise, the respondent can go for appellate court within 90 days against the ex-parte divorce decree.  From which date, these 30 days or 90 days will be counted is an important question.  Generally it is the date on which the decree is passed.  But, in the case of ex-parte decree, the respondent can tell the court that she is not aware of the ex-parte decree and once she came to know about it, within 30 days, she approached the court.  In those circumstances, if it is 2 years, 3 years, the court will allow such application and the ex-parte divorce decree will be set aside and the case will be heard afresh.

So, to satisfy your 2nd wife's in-laws, you take acknowledgement letter in first wife's own handwriting (entire letter has to be written by her) saying that ex-parte divorce was passed on such and such date and she knows fully well about such decree and she is not interested to contest the ex-parte decree.  Get the date mentioned on the letter.  90 days after the date of that letter, your 2nd wife's in-laws will be in safe position and can send your wife back without hesitation.   

Rohit Sharma (Software Engineer)     13 September 2011

Thanks Chandu ji,

But  when I go to search my first wife and will show her null and void case judgement, she will again fight the case.
The case will again go on for long time since court has sent summons and notice but she didnt appeared thats why i got exparty null and void marraige.

Why should i approach her, since she is a fraud lady and money  minded earlier I went for MCD but she was asking 15 lakhs that I cant afford. So based on her fraud after one and half year my first marriage got nullified.

As a secuirty , i already given 7 lakhs to my second wife's family so i have no money now , I dont want my self in trouble to show my ex-wife that judgement papers.

Please advice


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