Dear Client,
For all cases to be proceed, first she have to prove valid marriage otherwise no relief. Marriage is first ingredient for invoking case of divorce , maintenance And interim Maintenance
Divorce case
I have received summons from a family court in Guwahati for divorce , maintainence And interim Maintainence in year 2018. My case goes like this, this in the year 2015 mother of my old classmate file a rape and cheating case on me. That case was compromised out of court with some money in the same year that is 2015 as I do not wanted any bad name for my family . I never married this girl. But nowafter three years herself file a case on me saying that I have married her and she need separation and maintenance! There is no proff given for marriage. My question are 1. In the previous criminal case a commissioner was appointed to visit her home and infront of commission she stated that she agreed for amicable settlement 2. Brother claim that he is the witness for the case but in criminal case he never mention such issues 3. How to defend this false case
Asked 6 years ago in Family Law
Religion: Hindu
5 Answers
Hi, of she is not a legally wedded wife then she is not eligible to file 498A and maintainance case .. You can appeal against the summoning order in the session court
1) file detailed reply that marriage was not solemnized
2) no question of giving any maintenance , divorce
3) your wife would have to prove that marriage was solemnised .
4) produce wedding photographs , wedding invitation card , evidence of witnesses who attended marriage
1. The lady seems to be an extortionist,
2. Contest the case fittingly and deny having married her. Take the defence that the onus is on her to prove that she married you.
3. If she brings any forged marriage registration certificate or any other photograph then deny it and seek FSL examination of it.
She has to prove that she married you with valid proof of the marriage.
You can reject her claim if the proofs produced by her are false and fabricated.
You have to work out the strategy to defend your interest
You may discuss with your advocate on the possibilities and to refute her charges.
The previous compromise settlement may be of some use to you.
