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bhavesh (other)     11 July 2013

Without divorce decree marriage.

hi, my names is bhavesh i married with sona on 04/04/2013 as per hindu act. i am divorcee and i have decree it is issued by court in 2011. sona also divorcee but she has not any decree. she married in  february 2011 with her boy friend.in the 1 year sona and her boyfriend has some problems in personal life than they decied to divorce in march 2012. they makes MoU between sona and her boyfriend sona tooks lum sum IRS  30000 from her boy friend for maintenance out of court. after they applied for divorce in court march 2012. court gave them 6 month time period for rejoin life.in this 6 month of period sona and her boyfriend run away second time and they are living together.after they have started problem again  in october 2012. her boy friend dropped her sister's house due to some personal problem and sona's parents are not supporting sona their for sona staying her sister's house.november 2012 after they are not contacting each other. 

i am living in abroad  so i have 2 months vacation i came in january2013  for my vacation in india untill 22/3/2013 in this period sona's relatives meet my relatives for my second mearrage and decied for mairrage i meet her and her relatives i ask them for divorce copy they told me that 1 week in we will get they showed me MoU between sona and her boy friend's. for mairrage purpose i extended my 1 month vacation and i married with her on 04/04/2013.and i have to return on 22/4/2013 on my job in abroad. so 04/04/2013 to 22/04/2013 between time i make my registration of mairrage  i applied for her election card, aadhar card and new passport for her visa sponcer. than i went abroad for my job continue. when i came in abroad than she told me that i have affairs with my boyfriend i want not stay with you. give to me divorce i want to go back with my boy friend.my family member gave to me pressure for mairrage with you their for i married with you. pls give me divorce. than iam ready to give her divorce.my mairrage time i gave her gold, money, money etc. i told her please give to me  all things return and i will give to you divorce but she is not ready to give any thing. she want to keep all things with her and she is asking for divorce i am ready to give her divorce what is way to get my all things ? she is asking to me huge amount of money for maintenance. is it legal ? she is not staying my home after i leave country. she has not legal divorce form the court or not have decree she can ask to me for maintenance? pls suggest to me.and suppose i want take legal action than wht i have to do ?



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 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

Your marriage with your wife is void. File a petition for getting it declared void thru the court.

Adv k . mahesh (advocate)     11 July 2013

query is clear if she is asking a huge maintenance then first ask her to give her all the things you had given at marriage if not take a lawyers help and file for annulment as marriage is not valid and null and void without expecting any thing from her in mean time try to get the case file copy of pending divorce copy from the help of lawyer which would be helpful as evidence in this case and about aadhar card you can surrender after your case come to end 

bhavesh (other)     11 July 2013

lots of thnx. Adv. Archna

can i submitt case in court for cheating for marriage and miss honour against sona ? i am in abroad . is it possible to  i have to present in court   of india ?

bhavesh (other)     11 July 2013

lots of thnx K. Mahesh 

bhavesh (other)     11 July 2013

we spend 18 days together only. has she right for STRIDHAN ? or can she demand for amount ?

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

You can file for cheating if you can prove that however, you cannot file it from abroad. 

She has the right over her stridhan.


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