• Section 9 of Hindu Marriage Act

Dear Sirs,
I got married in June 2010, My wife was from Indore, MP, I am basically from rajasthan. After 6-7 months because of personal disputes , both the family decide for a divorce. But they refused divorce from Court , they told we will separate in caste system/Samaj/Society and will sign a  divorce  on a stamp paper. We both signed a stamp paper of 100rs. stated that we both are taking divorce  because of  compatibility issues without any pressure from any one and both of us will not interfere further and will not take any legal action from either side . we had notarized it and I had paid her rs. 225000 on account payee demand draft. we both signed it in Dec 2011 in indore. Since then we both are not in touch. we had signed this paper because they threaten us to trap in fake case of 498a. On that moment in year 2010-11 i was living in vadodara with her, She also written a complaint to police station in vadodara, but since i was not guilty police had not  lodge a FIR so she went back to Indore, and i had sent a application to Police commissioner of Vadodra   that my wife and her family threaten me for dowery case.( Non Conguible Notice), I have that copy with me  now too. then she written a complaint to Indore police and i received one notice from  Mahila Thana- Paramarsh kendra indore, my family was scared that's why i had signed that stamp paper .

Last year i got married again, but i had not hide any thing from my new wife and my salary also increased by the time up to 1 lakh per month which  my ex wife came to knew.Although i had not registered my second marriage  any where.
Now after 4 years she had filed a case again on me for section 9 of RCR in indore family court, that i had forcefully  given her 2.25 lacs rupees and i pressurized her to sign the paper . and stating that  paper signed by both of us is not valid and her father spent 15 lacs. rs in marriage.
My ex wife also tried to get married, i saw her matrimonial profiles in different portals but she is not got married again yet.

Right now i am in a private job and earning 1 lac rs. per month, where when i was with her i was earning  rs. 30000/- per month. By qualification i am a engg. diploma holder only where she is Bsc and MBA. Still i am not a graduate. i dnt have any child  from my first marriage . I had already paid her money  now i want to save myself and my money. Please guide what to do.

I am also selected in a govt job where my salary will be 15000/- per month for  2 years on probation. will this case  effect my govt job. in further.

What should i do now, Can i also lodge a case of 420 on her in Rajasthan, I think her next step will be to file section 24, how much i have to pay  her. please guide me  and what action i should take on court case. How court decide maintenance if she gets. Suppose from next month my salary came down to 15000/- and current month is 1 lakh. then how court decide maintenance on current salary or on last salary. Simply she wants to drag money from me and harass me to call indore every month.

I need a legal divorce from her and i want to save my money , please guide
Asked 10 months ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1) is there custom in your community for customary divorce ? 

2) if not your divorce is not valid . She still continues to be your legally wedded wife 

3) your second marriage is illegal and your first wife can file RCR 

4) your wife can seek one third of income as maintenance 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
You can file for divorce on grounds of mental cruelty 

Rely upon settlement arrived at between parties wherein wife was paid Rs 2.25 lakhs as alimony 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
First of all the divorce deed between yo ad the ex-wife is not legally valid.  However since it has been executed before witnesses yo can rope in the witnesses to confirm the divorce taken place between you two and since the procedures were not know then, it was decided to be divorce hence you have married another woman.  however you may request the court to treat the deed as divorce and dissolve the marriage between both by making a counter claim in her RCR petition. itself. 
If she files for interim maintenance, you may strongly refuse the same on the same basis.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
1. Forget about filing a case against her as it is you and not her who has breached the penal law of India. The manner in which you dissolved your first marriage is not recognized by the law as a marriage cannot be dissolved by executing an agreement on a stamp paper and getting it notarized. Only a court of law can grant divorce. So your ex-wife can file a criminal case for bigamy against you which carries an imprisonment of up to 7 years. 

2. Your second marriage is illegal. Your first wife continues to be your legally wedded wife, as such she can adopt all her legal remedies under the legal framework including filing for maintenance and compensation without prejudice to her remedy to launch your criminal prosecution for bigamy.

3. The quantum of maintenance will be decided after taking into account your current salary and all liabilities. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
legally you are still married to your wife (first-as referred by you), the divorce papers you signed on a Rs.100/- stamp paper and notarized by both parents is not valid in law.
Therefore you must file for divorce at Rajasthan where you are currently residing on the ground of desertion. 
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. Your second marriage is not valid since you have not availed decree of divorce from the Court of law. Your  so called divorce agreement paper has no value in the eyes of law,

2. You are required to file a divorce suit against her on the ground of cruelty submitting evidence of all her cruel acts including the screen shot of her online advertisement for seeking groom for marriage. After obtaining the decree of divorce, you can marry again,

3.If she is employed then she is not entitled to any maintenance. if not, then you might be directed by the Court to pay her monthly maintenance and its amount will be decided by the Court depending your present monthly earnings. If your earning is reduced late on, you shall have to file a petition  for reduction of the decreed amount of maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1) you can take one or two adjournments . your lawyer will appear on your behalf and seek time 

2) you can file for divorce on grounds of desertion if stayed separately for 4 years 

3) once your wife remarries after divorce she wont be entitled to maintenance

4) you can engage detective agency to gather evidence of her remarriage 

5) dont file any case of cheating against her . she will file counter cases and both will end up spending money on legal fees 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. You can file an adjournment petition and twice defer the hearing but what will you gain by delaying the hearing?

2. Even now you can file a divorce petition on valid grounds like desertion and cruelty,

3. If you are directed to pay maintenance and she marries after starting to receive maintenance from you, you can stop paying the maintenance to her,

4. On what ground you wish to file the 420 case? Please be aware that if proved false, she can file a counter case against you for filing false case against her. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You may drag on the case on medical grounds  to some extent but not for 6 months at a stretch. 
Your advocate, is clever enough can make some arrangement on each and every hearing.
Somehow get er marriage details through some detective sources. 
Or if you are knowing the name of her second husband, just lodge a criminal complaint with the police on the grounds of adultery, this will certainly provoke her and she may try to wind up her case. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
Medical ground is no ground to keep the case in a state of suspended animation. The court may exempt you from personal attendance and proceed with the case. On one hand you have remarried and on other you are thinking of filing for divorce against your first wife. This will not work. Go for an amicable settlement. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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