Hi I m from mumbai 33 years.my first wife expired in pregnancy after giving birth to son.after 4 years I married again girl from indore.Second wife was divorcee but after marriage we found that they do not have divorce decree from court and divorce is on notary.She was also suffering from depression after divorce. Due to her condition we were unable to continue our family life.Now she is at her maternal home since 15 months.Now she and her family filed case in indore family court for monthly expenditure.Kindly give suggestion for legal action against them we can take.
Since the earlier marriage has not been dissolved therefore the second marriage is not valid and is void ab initio.
It is also informed that you may file a case for nullity of marriage and subsequently can challenge the maintenance case at Indore.
Regards
hi,you in turn can file a criminal case of cheating and bigamy against her as well as against her parents ..if she has not taken divorce from her first marriage,her second marriage with you is not valid and therefore she is not entitled to claim maintanance from you ..
File petition in family court in Mumbai fir declaration that marriage a nullity as performed during subsistence of earlier marriage
2) contest maintenance application on grounds that divorce decree is not valid and she continues to be be married to her first husband
3) take plea that your marriage is a nullity
In the present scenario of this marriage is void because diverse on notary is void and it has no legal force. In this condition she cannot seek any legal remedy from you. She is not entitled to get maintenance order under section 125 CrPC section 24 of the Hindu Marriage Act because in the eyes of law she is not your legally wedded wife
1. Mariage cn be dissolved only by the decree of court and no notraised agreemnt is enough for this,
2.So your second marriage has no legal sanctity and the same is null and void.
3.So File a suit for nullity to dissolve it.
4.If your wife is unemployed then as long as the suit for nullity of marriage remains pending you are liable for her maintenance.
Divorce on a notarized deed has no value.
Only a divorce granted by a competent court, is recognized under law.
Since she had her spouse living at the time she was marrying with you, your marriage with her is void ab initio. Apply for nullity of marriage.
Take the above please in the court where the maintenance case is pending.
If your second wife's marriage was not dissolved by a decree of divorce from a court of law, then the marriage with you is null and void.
You do not have to pay her maintenance on this ground alone stating that she can claim maintenance from her legally wedded husband alone.
The marriage between her previous husband and her is still subsisting hence she can claim any matrimonial reliefs only from her previous husband.
You can challenge her claim properly
Already filed marriage nullity case in mumbai under sec 11. 1.INTERIM ORDER FOR AMOUNT 7000 HAS BEEN PASSED BY FAMILY COURT IN INDORE IN MARCH. 2.FOR PROOF OF INCOME MATRIMONIAL MAGAZINE WHICH SHOWS INCOME 1 LACK PER MONTH HAS BEEN SUBMITTED. I DON'T HAVE ANY PROPERTY ON MY NAME.AND MY ITR SHOWS INCOME BETWEEN 5 TO 6 LACKS PER ANNUM THEY DON'T HAVE ANY COPY OF IT. 3.WIFE SUBMITTED HER COLLEGE ADMISSION DETAILS FOR BCA COURSE. 4.WIFE APPLIED FOR MAINTENANCE IN MUMBAI COURT TOO. IN BETWEEN COURT PROCEEDINGS WIFE MESSAGES FOR SEPARATION FROM MY PARENTS.IN MESSAGES SHE SAYS I M GOOD HUMAN WHERE AS IN COURT FALSE ALLEGATIONS ARE MADE. I HAVE ALL CHATTING AND MESSAGES SAVED ON MY MOBILE.CAN THESE BE PRODUCE FOR EVIDENCE. HOW TO PROCEED WITH INTERIM ORDER CHALLENGE? WHAT ARE OTHER CRIMINAL CHARGES WE CAN MAKE AGAINST WIFE AND HER PARENTS? CAN WE REQUEST COURT FOR HER MEDICAL TEST FOR HER DEPRESSION? CAN COURT DENY NULLITY OF MARRIAGE AND ACCEPT NOTARY DIVORCE UNDER ANY CIRCUMSTANCES? IF MARRIAGE NULL IN MUMBAI COURT,WILL IT HELP ME IN INDORE CASE ?
You can rely upon chat messages exchanged with wife
2) you have to file petition in HC against Indore family court order for maintenance
3) if there is no customary divorce in your community court would declare your marriage a nullity
4) court orders declaring your marriage a nullity will help you inindore case
If the court allows your petition and passes judgement declaring the marriage as null and void then you can file a Petition seeking to dismiss her maintenance case since she is not your legally wedded wife as the court has nullified the marriage by a decree.
All her other cases may follow suit for dismissal on the same basis.