• Divorce process

Dear sir, We married in 2001 this was the second marriage of both the parties we got two daughter from this marriage.I filled divorce petition in 2014 against my wife under section 13(1) (ia) HMA After that she filed DV act and Dowry case against us. In DV case cross examination of her we came to know that she did not took the decree of divorce from her first husband . Then we filed the case of Bigamy under section 494 of IPC and another petition U/S 12(1) (a) & 1 (c)of the HMA for passing a decree of Nullity of marriage. Now should I finalize the matter In mediation by paying fixed deposit amount for two minor girls & some amount in DD with my wife name as they are asking to do so though I filled u/s 12 1a & 1c. Is there any risk for our petition of nullity If she moved back after first motion. Please suggest me
Asked 3 years ago in Family Law
Religion: Hindu

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20 Answers

Firstly, all the cases which have been filed by your wife are not holding any credibility as they have been filed after you filed the divorce case which gives the impression before court as the result of vengience against you.

Secondly, if you agree to pay something to her then it means you have somewhere agreed to the point of her not being guilty.

Thirdly, so please pay only for girls not for her as the marriage with you is not binding on you, so no question of being paying any alimony to her.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If you are sure of the bigamous relationship, then no point of having to pay any amount towards the wife. SO far as paying for the kids is concerned, that is liability you will have to take note off and give irrespective.

However all of this will take time, and if any settlement is coming through, id suggest to settle at your terms as now you have an upper hand in the case.

Cheers.

Anshul Chowdhary
Advocate, New Delhi
19 Answers

Not rated

You need not pay her anything but if you want You can deposit amount to your children name. There is no risk to your case since she has admitted in her cross that she did not get divorce and such admission will be valid for your divorce case and same can be used as evidence to claim for decree of nullity of marriage.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can go for Mutual Consent Divorce and in that you can pay maintenance and alimony or one time lumpsum amout to wife in that you can make all rules and conditions and future plan as per your favourable points and it will be signed by court.

Ganesh Kadam
Advocate, Pune
12202 Answers
154 Consultations

4.9 on 5.0

Hello,

If she withdraws the consent before second motion then in that case you may again continue with the case of nullity of Marriage.

Also, make this clause as a part of the agreement.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

I don't find any point in settlement if she has agreed to pervious marriage being still enforce the degree of nulity can be passed by the court you can give amount for children further if there is no subsisting marriage on ground of.previous marriage I don't find any point in divorce.

if there are already cases filed then you can continue same further if settlement is arrived at then you can prepare a MOu stating same and can continue nullify proceedings or pray for time in that and on finalisation of divorce you can withdraw same.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

1) amicable settlement is best option

2) agree in mediation to place some money in fixed deposit for your 2 daughters

3) wife should agree to with draw DV case and cooperate with quashing petition filed by you in HC in dowry harassment case

4) you would with draw your petition for declaration that marriage is nullity

Ajay Sethi
Advocate, Mumbai
84382 Answers
5530 Consultations

5.0 on 5.0

Dear Sir,

There is every danger so you prefer to deposit the amount in the Court and deposit the DD in the Court. She may move back after first motion, it is the recent trend in many cases. Be careful.

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

Dear Client,

While subsistence of previous marriage, second marriage is null and void, even court decree is not compulsory.

Father hood to daughter not negated, for there better future, do the need full, No effect on application u/s 12 of HMA.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

Once you settle the matter with her in mediation then there is no question of nullity of Marriage left.

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

If you have filed the petition seeking to nullify your marriage, you may allow the case to go a round and get the issue disposed in the same manner instead of compromising.

You can very well pay amount to your daughters because they are legitimate children.

You be vigil about the developments so that she should not retreat from the agreed conditions at the last moment leaving you behind to toil in turmoil for ever.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Yes of course there will be a risk as on one hand you are saying that your marriage is null and void from the very beginning and on the other hand you are agreeing for a mutual consent Divorce. The Court may also object to the same.

Also you have been misguided. What you have mentioned about your case falls within the ambit of Sec 11 and not Sec 12 of the HMA i.e. to say your marriage is void from the very inception. Technically, you need not even get a declaration from the Court but it is advisable in your case, given the long standing marriage.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

no if you ll withdraw your petition and file 13b petition in that explain amount to be given at the time of fst motion nd second motion. .after that you can file to waive off period of 6 months after one week of fst motion. no loss to you if she ll moved back

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

You can entered into firstly a compromise/settlement deed with your wife and you can mention all the terms and conditions regarding your all anticipations. Then move the first motion.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You are not bound by anything agreed in mediation process mediation is referred only to check whether the.parties may reconcile if they fail then it will be sent to court for proper disposal you can represent in the court that you are unable to arrange such huge amount.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

There is nothing wrong in withdrawing your consent to pay them the stipulated amount, you can refuse to pay and can inform them that you will face the case in the regular court as per law.

They canot force you to pay that amount though you agreed to pay it earlier.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Don’t attend court at time of first motion

2) if you don’t attend court divorce by mutual consent would not be granted

Ajay Sethi
Advocate, Mumbai
84382 Answers
5530 Consultations

5.0 on 5.0

Such agreement cannot be enforced there shall be no consequences as suchthough your wife can use that in contested divorce further you can request.to.modify the agreement and can ask more time.for payment if you are unable to pay.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

You can break it but it will have a adverse inference on your conduct.

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Nothing will happen.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

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