• Is testimony from mutuallly divorced ex-wife valid?

Hello,

Recently, I got re-married after I divorced my ex wife on Mutual Consent basis. Now, my current wife started inquiring about me with my ex wife & the ex wife made false accusations against me. The conversation between them recorded & my current wife is threatening me that she will disclose this recording for filing an 498-a against me. 

Please, enlighten me with your valuable suggestions.

Thanks
Ajay
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

- Since , the divorce was granted on the basis of mutual consent , then the decree passed by the court is final and non-challengeable in the regard to any type of claim , relation etc.

- Further, as your ex-wife is creating trouble in your matrimonial life , then you can lodge a compliant against her before the police and higher official. 

- Further , you can also file a contempt petition against her for violating the terms of the agreement as mentioned in the divorce deed. 

- Further, for your safety , you can also give a compliant as information before the police against your current wife after mentioning the details you are facing from her and mention that she is threatening for implicating in dowry cases. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You have to convince your present wife that your ex-wife's allegations are wilful, false and malicious and are only with a view to wrecking your present marital relationship as a revenge. Mere recording of a conversation between them will not amount to any admissible evidence against you under Sec 498A of the IPC. Try your best to earn the trust and confidence of your new wife and keep her away from your ex-wife's evil influence, if that is how you feel.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

If the current wife is threatening you that she will initiate actions against you over your past married life, you can ask her to proceed because if you had informed about your previous marriage with her while contracting this marriage then she after having consented to this marriage cannot raise the past issues to bring in a new conflict between you both on that grounds. 

She has nothing to with your previous affair or dissolved marriage in the past.

If she is still torturing you over this, you may firmly say to her that if at all she wants to continue this marriage she can remain here without making a  postmortem of your previous married life or she is at liberty to do whatever she wants to, which can be legally challenged.  

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

That is absurd and weird situation. How can a person who was not even party to the alleged allegations can file a case against you based upin the testimony of your first wife. Has she/second wife been abused? 

She doesn't have any case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is mutual consent divorce 

 

ex wife may have made any allegations against you but both parties agreed for MCD  and settled the disputes 

 

let your wife file 498 A against you 

 

 

 

apply for and obtain anticipatory bail from sessions court in case FIR is filed against you 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

On your ex wife's testimony your current wife can't use it in present case. She needs to file her case based on harassment and cruelty dobe to her from your side

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Dear Sir,

If any such 498A of IPC case is filed then immediately get anticipatory bail and also approach High Court for staying the proceedings and also for quashing the same.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Client,

As the divorce was granted on the basis of mutual consent, then the decree passed by the court is final. In case your wife decides to file a case under section 498A then get anticipatory bail and later, approach High Court for staying and quashing the proceedings.

Thank you

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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