Married before divorce and Problems now
I am 35 years old living in Mumbai and I got married back in 2008. My wife has her second marriage. I am Gujarati and she is Buddhist.
The story is like this:
Before her first marriage in 2007, we used to work in the same company. Her family used to torture mentally and physically to marry a person who she did not want to marry. At that time, she was my good friend and I supported her in all aspects of her life. But things happened that I trusted whatever she said even if it was a wrong story. She used to tell all her suffering to me and I was slowly becoming very sentimental. I even told her to get a complaint that you do not want to marry, but she refused. The condition was that she was all opposed to her family. But finally, she was married to that person and she was seen all crying in her marriage photographs and videos.
At that time, we were working together in a same office. After her marriage, still her tortures continued and she kept tell me harassment by husband and family, she used to share her condition and I become emotional and we ran away and went to Pune. Her family filed complaints on us, but then she made police complaints over her mental torture and harassment by her mother, husband and some relatives. They kept their trials to find us but could not.
In the meantime, as things with us also got rough, she forced me for marriage and we got married at Pune marriage court in September 2008. I was not aware that she has divorced her first husband. As far as I remember, she got divorce from her first husband in December 2008, that is 3-4 months after our marriage.
But gradually the differences started coming and she left me to Mumbai to do a job in 2010 and due to my father's death in 2010, I felt lonely and left job, but then shifted to Mumbai for doing some research work in engineering. Now as we stay close to her family (who were all opposed to her in her bad time and I was only standing by her), she just uses me to get her purpose. I supported her study upto some recent years, incurred all medical expenses involving a surgery before delivery and final delivery.
Also uptil now I have never taken a single money from her family in any form nor they have given anything to my wife.
After birth of my daughter in 2013, the things got worst. She used me for even for her family problems. And now she has permanent position in a government job and now her main priority is to support her family and spends her salary for them. I feel I am totally deserted. She stayed with me only to use me for her purpose. She broke all of my trust and I also do not trust her anymore. Even if I compromise with her to stay, it does not guarantee that even after few years she will ask me to leave.
I love my daughter who is now 1.5 years and my wife tells that she has kept her 9 months before birth, so she is her daughter and always takes her to her family. My wife does not show any interest in this relationship and often does not come to home. My wife has strictly told that she will not leave anybody in my family and file cases if you do not interfere in my life and let her do what she does or I say anything to anybody of her family. She keeps telling that I have understood my mistakes and her family was right from the start.
My question is:
1. As we got married before her divorce from her first husband (I do not know the date, but I am sure that her divorce happened only after our marriage), is the marriage legal because it is around 6 years we are together?
2. If the marriage is void, can I ask custody of my daughter?
3. If the marriage is void, how can I know exact date of the divorce from the first husband? The divorce happened at Aurungabad.
4. If the marriage is void, can she ask for any part in the property or compensation?
5. I fear that if I ask the custody of my daughter or if I take my daughter to somewhere, she will file complaints against me with her family support. How to face that?
Please write your views.