My younger brother is married since 8 years as per hindu traditions. Has a kid of 3 yrs. Marriage not registered but sufficient proof available. He entered into a declaratory marriage with another lady in 2012.
My brother filed a divorce suit in Dec/Jan 2014 in the district court against the 2nd marriage stating that the said marriage was never consummated (which is fact). Our advocate advised us not to file a suit thru first wife saying that my brother will be proven for bigamy and he will be surely punished.
The 2nd lady filed a case of domestic violence against us stating that she was living in our house and we have drove her away forcibly and she has nowhere to go now. She also made me and my wife a party.
The district court passed an order that since my family and my brothers family live in separate flats, the charges of domestic violence are not maintainable against us. The court also passed a residential order in favour of the 2nd lady. This lady with the help of local police broke open the locks of my brothers flat and has occupied it since June '14.
We have appealed against this order in the High Court No.33, CRR 1527/2014. Serial No.438. We haven't received any relief from the high court yet because the matter hasn't been heard even once. It came up before the judge in June '14 who sent out a notice to the other party seeking clarification about the lady's actual place of residence at the time of passing the residential order and whether she was actually staying in my brothers flat. After this there is no progress on this matter and this case does not even figure out in the list !!! What could be the possible reason behind a case before single bench taking so long ???
In the mean while, we took second opinion and have also filed a case from Rajasthan through 1st wife of my brother seeking 'nullity of the 2nd marriage'. The 2nd lady did not appear at Rajasthan on first hearing in Oct 14. Next hearing is scheduled in Jan '15. Is it a right move on our part ?
My brother has got the electricity connection disconnected this month because that lady was misusing the flat by letting the fan and lights on even when the flat was locked. She also got the electricity bill routed thru her so that she could prove residence in the high court. After this, the 2nd lady has filed case u/s 498A against me, my wife and brother. We have filed for anticipatory bail which is to be heard on 11.12.14.
Pls adivise :
1. How do we expedite the proceedings at high court ?
2. Did we do a right thing by filing the 'nullity' case from Rajasthan? If yes, is it possible to file a case of 'nullity of 2nd marriage' at Kolkata also after all this?
3. How serious is the bigamy charge? Can it be proven easily? What is the legal recourse on this?
Since both the flats are in the same building but on different floors, that lady is contineously harassing us like anything. We get to know that she comes for some time and goes away but we never confront her. But she goes to the local police station and makes false complaints against us almost every fortnight. The police man comes for enquiry. They have 7 times so far. I think she bribes them aswell.
How do we get relief from all this mess?