My first wife expired in Jan 2015 last year and I have two siblings 17 years old and other is 10 years old. after the death of first wife i went into depression and being a neutral family in Mumbai no body at home to take care of my children. in influence my friend i gave ads in news paper and on the same day i got a call from this lady. She forced me to get registered marriage with out doing any further investigation about her family we tied in martial knot where her mother and brothers came to attend marriage when we asked reason they said being distance place no relative was willing to come, We had affidavit marriage notarized in Nazibabad court which is near to my native place, After marriage immediately we came back to Mumbai, From next day onward she started quarreling, fighting, treatening to my minor children, abusing, talking to her male companions (to whom she has illicit relationship) till 3 am and then sleeping till 12 noon, No house hold work (Even cooking and other work is performed by servant) and money extortion by way asking full salary or 50 lacs etc. then i consulted an advocate he filled two complaints and also filled 156(3) and marriage null n void case in Thane court because in affidavit she said that she is spinster where as i found details from her whattsapp that she had already got married with two other persons, from one person she took 4 lacs by filling case in Pratapgarth court and in lok adalat they have done mutual understanding and got separated. But second husband details are not know to me only her election card mentioning the name of her second husband is with me. Now she has filled 3 cases against me of 498 A, 125 and 406. My null n void case which is filled in thane family court proceeded for ex party. In the month of march she has filled transfer petition in supreme court for my case from Maharashtra to UP. Kindly advice how to completely get out from this lady as my minor sons are in mental stress as I am only the member at home to take care of children, house and Job. no other member is ther in family my widower father is staying in UP to take care of animals and farming.
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1. You have already filed for nullity of marriage. There is nothing else that needs to be done. In so far as 498A case is concerned it has to be contested on merits. That she has a history of marrying and then extorting money from her husband is a fact that you should prove in the court.
2. If the marriage is annulled then you will escape being held liable for maintenance.
3. The transfer petition should be contested.
1) your wife has suppressed material facts about her previous 2 marriages
2) you have based on legal advice filed case for declaration that your marriage is null and void as marriage has been performed during subsistence of earlier marriage
3) obtain AB in 498A case and contest case on merits
4) oppose application for transfer of case to UP
5) convenience of wife is generally taken into account in deciding transfer application
The only remedy available in front of you is contesting all false cases against you. If the Supreme Court allows the transfer petition then arrange good lawyer at up for contesting the case. Also find out the evidence of her previous marriage and using it in your case.
Kindly advice how to completely get out from this lady as my minor sons are in mental stress as I am only the member at home to take care of children, house and Job. no other member is ther in family my widower father is staying in UP to take care of animals and farming.
If she has filed different criminal cases against you, based on the averments of the nullity case, you can strongly contest and challenge her false cases properly and try get acquitted from them.
Her transfer petition also to be challenged on the basis of exparte decree already obtained, because without setting aside the exparte decree the transfer petition is not maintainable and this fact if suppressed by her before the supreme court, should be brought to light before the supreme court while challenging her transfer petition.
She has to e exposed for her fraud played with you by suppressing her previous marriage details and also for extorting money from you with blackmail threats.
1. You are in the right track in taking legal steps against her,
2. If you get the ex-parte decree in annulment case and she does not file any appeal challenging the said decree, she will not be considered as has been married to you legally for which you are not liable to pay any maintenance to her,
3. In the above situation, no 498A case will stand against you since she will not be considered as married to you legally.
Hi
if your second wife has been married twice and the facts were not revealed to you ( i am assuming you have evidences in your possession to substantiate your claim for first marriage and second marriage) then all of the false cases under 498A and DOmestic violence can be quashed at High court.
In supreme court also , you should engage a good lawyer who can argue your case and get the transfer petition quashed by stating that the marital home of the wife is Maharashtra and since it is a case of null and void marriage, the petition should be heard at maharastra.
No worries. you will win all of the cases.
