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Prudvi (partner)     15 December 2012

Victim of 498a and dv 2005

My wife filed  a false 498A and DV case in Aug'12. I was in remand for 7 days. Police report is due for next month. Because of long legal seperation, no one except myself were arrested. I didn't took any dowry at all,  We have a son (10 yrs), staying at in-laws, I filed for divorce in 2007 as she is having illegal contacts. She repeatedly said in court that she want to join back and it is all false, however this case was dismissed for default (I was away, PoA and Lawyer didn't attend properly). Now she is demanding for huge amount for compensation and share in properties. We are hardly together for 2 years. She is a Govt. employee and earning 50000/month. I am ready to take custody of my son and/or give maintanace to him, but do not want to see this woman again or give any compensation.In DV case she acused me of having 2nd marriage and a son. I am having live-in condition with a women(divorcee having a son, not mine). They are family friends, wish to marry after divorce. However my wife's lawyer produced a birth certificate as attachment mentioning my name as father's name.

My questions : 1. What must be my approach about this live-in relationship ? 2. What must be my stand about this birth certificate ?  3. There is an order from court not to sell any properties, now I am jobless, need to dispose some of them, what is to be done? Can I claim maintenance from her salary until this is settled?



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 6 Replies

Shantanu Wavhal (Worker)     15 December 2012

1. What must be my approach about this live-in relationship ?

its a case of bigamy. the first as well as 2nd wife both can file IPC 494, 495. 

 

2. What must be my stand about this birth certificate ?  

Name of birth certificate = proof of 2nd marriage, so U R IN TROUBLE

 

3. There is an order from court not to sell any properties, now I am jobless, need to dispose some of them, what is to be done? Can I claim maintenance from her salary until this is settled?

dont ask for the reliefs which u REALLY DONT NEED.

rajiv_lodha (zz)     15 December 2012

1st be clear......how come the opp gang produce birth certificate showing u as father, is it a fake one? Coz u told that actually u r nt the actual father!

Anyways, urs is a live-in relationship......So BIGAMY CHARGES ARE NOT MAINTANABLE against u. If the new partner cooperates well, no problem ahead.

Forget about selling that property, else u get set-aside orders from the court

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 December 2012

Dear Querist

yes you can claim maintenace from your wife u/s 24 of Hindu Marriage act

 

24. Maintenance pendente lite and expenses of proceedings.-

 

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:

 

1[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

 Feel Free to Call

Ranee....... (NA)     15 December 2012

it is not bigamy.

son is not yours can be proved..


Prudvi (partner)     16 December 2012

Thank you all for your responses.

Though in the complaint she(/her lawyer) said birth certificate copy attached, when we took copies at court, we didn't receive any copies of the said birth certificate(all other attachments are there). To my knowledge it is a fake certificate or he produced it by bribing authorities or simply bluffing without producing any certificate. I think it is very much possible. My question is do I have to respond to it with complete explanation or simply deny it? Without seeing the copy ot that certificate, do I have to respond? Also does this certificate prove that I am married (2nd)? From others queries I am understanding for bigamy they need to produce marriage certificate and marriage photos ? please help me clear my doubts.

Never Give Up (Fighter)     16 December 2012

It is up to them to prove it that he is your son. You just deny the allegation thats enough.


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