• Differences in second marriage

Hello, I was divorced with mutual consent in 2012, (have all the documents of that from the court)

last year in 2017, my family started finding a match for me again, Where my marriage got fixed, that girl too had divorced in 2015 as told by her family. and we got married in November 2017.
After 10 days of marriage, I came to know that those people did not adopt any legal process in their first divorce, they had simply written seperation agreement on the stamp paper of 100 rupees from mutual consent and some of there family members had signed it as a witness after that they got it notarised by a lawyer.
after 2 months there was a fight between us for no reason... every time we came into arguments and fight she used to go to there parents home and the reason she gives me is that she cant live here with my mother in the same house even her father asked me that his daughter is not going live in harmony with my family and she will not live with my mother and they dont even have any answer that why she dont want to live with my mother in the same house.
I dont have father my mother is also alone and this is not possible for me to leave my mother she is in govt job and she is not even dependent on us.. still my wife don't like her. and one more thing my mother never say anything to her bcoz few days after marriage my wife told my mother that she does not consider her mother in law for her my mother is no one.... from that day my mother don't even say a single word to her.... from the last 6 months my mother and my wife have not spoken a single word to each other ... still my wife has a problem with my mother.....
she is in her parents house from the last 20 days and and everytime i ask her to come back she gives an answer that she dont want to live here with my mother.. if i want to live with my wife i have to leave this house and my mother alone. thats the condition she puts everytime.
my decision is that i cant leave my mother alone.

my questions are
1) Is her first divorce valid as it was only notarised seperation agreeement on normal stamp paper?????
2) what if she files a false case against me and my mother??
3) what is the best possible way to handle all this situation???
4) if i go for a Divorce do i have to give her maintenance ??
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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21 Answers

1. No the first divorce of your wife is not valid, thereby your second marriage is not valid can file a marriage nullity petition before the family court on the ground that her first marriage is not dissolved.

2.You have to contest the same that she is not leaving with you in the house from quit a time and her first divorce itself not valid so not legally wedded wife.

3.Nullity petition if doesn't want to continue or should talk to wife once.

4.In nullity you can contest that they lied to you about divorce further, she is not legally married in meaning of the act to contest the maintenance amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Unless n until husband and wife are separated and they do not come back for fight in each other life that ok. IF any one of the go into court that the legal divorce procedure as no took place actually it should have take Mutual consent Divorce in front of court.

2) If she files false case than she will be in trouble.

3) You both husband n wife visit to Family counselor who sits in Family court. he/she will guide yo perfectly.

Mean time don't go for marriage break a this second chance given in life so handle it with care She is just asking you to stay a side but not denying to talk and meet to you mother. This time will also go, her only one side we have heard, so visit family counselor both at a time.

4) Yes, you still have to give maintenance to her.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

First divorce is not valid as it was on notarised stam paper

2) file petition for declaration that marriage is null and void as performed during subsistence of earlier marriage

3) don’t file for divorce

4) obtain Anticipatory bail from sessions court if wife files false dowry harassment case against you

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. It is your mistake and you should blame yourself for not verifying the legality of her divorce. The separation made on paper is nothing but a waste paper and hence the marriage done to her is void and you can be prosecuted by her first husband for committing bigamy, a criminal offence.

2. So before she files any case you file a case of cheating and a suit for declaring this marriage as null and void.

3.Go for amicably declaring this marriage as null and void.

4. Since this is a void marriage divorce is not possible. You will have to file a suit for nullity during which she is entitled for maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firstly she has not obtained divorce from her husband from first marriage through process of court as such your marriage with her becomes nullify. File a petition to declare your marriage as null and void.

Secondly if she files false case against you and your mother you can apply anticipatory bail also lodge counter complaint against her for fraud and cheating. It's advisable to file petition to declare your marriage as null in jurisdiction family court no need to go for divorce also since it's the marriage is not recognised by law you are not bound to give her maintenance.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello

The divorce which she took from her husband on a notarized stamp paper is invalid and does not constitute divorce. She is technically still married to the guy.

The law does not recognize this marriage.

If she is earning you dontvhave to give her maintenance.

If she is not coming back and there are no valid reasons for not returning then too she is not entitled to maintenance.

You should tell her that if she wants to return its ok but if she is adamant that she will not..leave her there and if she files a case state the facts of the previous marriage before the court.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Dear client,

1. Her divorce is not valid and you can file a criminal complaint for cheating and bigamy.

2. Start collecting evidences in your defence for safety just in case she filed false cases against you and ur mother as she can always do.

3. The best possible way to handle this is to make a balance between the relstion of son and husband though its difficult to strike such a balance but there us no other way out.

4. Since your marraige with her is nno marriage in the eyes of law she cannot claim maintenance as her previous marriage is still subsisting.

Adv Vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

1. A Notarised DIVORCE paper is as good a Toilet paper, having no legal enforceable value.

2. You can file for nullifying the 2017 marriage on above grounds and for cheating and intimidation to you and your mother. There are Court judgements that IF Wife tries to separate Husband from his Mother, THEN it would constitute mental cruelty and divorce is granted.

3. IF you prove above THEN you would not have to give any maintenance /alimony.

4. HOWEVER, there is a risk that she may entrap you in Rape or other legal matters, which you should consider.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1) No divorce is valid by making a decree on a Rs.100/- non judicial stamp paper.

2) you can file cheating case u/s 420 against your wife, that she is already married without divorce she performed marriage with you.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. No the first divorce isn't valid and hence, your marriage with your current wife is void ab initio.

2. She can't, because she's isn't your wife, technically.

3. Your marriage with her wasn't valid at first place. It law it'll be treated as your marriage never happened at all.

4. When there's no marriage, there's no question of divorce.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. No this is not a valid divorce as per the Hindu Marriage Act.

2. File a NC in the police station, if she files a false case then approach the HC for getting the FIR quashed.

3. File a NC at the earliest.

4. Your marriage is a void marriage, since she did not obtain a valid divorce.

You will have to file a suit for annulment of marriage.

Since she is not your legally wedded wife, therefore she is not eligible for any maintenance.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir if you donot want to continue your marriage file a nullity petition before the family court on ground that wife is not legally divorced therefore the marriage is void under hindu marriage act as she has already a spouse.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty

2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear,

1. Not valid divorce, as not given by court.

2&3.No case maintainable, as she hide fact from you about her 1 st marriage and divorce,

this marriage is not valid from her side and you are liable to file case against her and her family.

4. No marriage no maintenance.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

She cannot compel you to leave you mother.

You are needed by your mother too, as much as your wife needs you.

second marriage during subsistence of first one is void.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client

File a RCR petition so that in future your deligence is proved and this would add to your case.

Vikas khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Hello,

This amounts to cruelty and you can file a case of divorce based on this also.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Any how you have to take one step ahead, because time is the king and the same day never remain, so your day will also come in future, just move forwards and try to get sorted out things early.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

my questions are

1) Is her first divorce valid as it was only notarised seperation agreeement on normal stamp paper?????

It is not legally valid divorce hence your marriage with her is void in the eyes of law, she cannot enforce any rights as a legally valid wife on you since this marriage between you both is void.

2) what if she files a false case against me and my mother??

You can use this weapon that the marriage between you both is void hence she cannot file any such claim against you.

3) what is the best possible way to handle all this situation???

If she is beyond tolerance you may file a petition seeking declare your marriage as null and void due to the said reason.

4) if i go for a Divorce do i have to give her maintenance ??

Since your marriage is void, you may not have to give her any maintenance.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Dont keep begging her to come back, you taker stern action for getting separated from her legally through a court order.

First file the case, let she challenge it in the court of law.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

The behaviour of your wife and her family constitutes cruelty and this is a ground for divorce. You cannot do anything in this matter as you cannot abandon your parents for a woman who does not understand relationships.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

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