Need advice
2 years ago
Hello Sir/mam,
Meri shadi 3.5 years pahle hui thi. Mujhe abhi koi bachcha nhi hai, Maine shaadi.com se ladki pasand ki thi, shadi se pahle meri wife and uske papa ne bataya tha ki uski pahle shadi hui thi but meri ladki uske sath ek din b uske sath nhi rahi hai, and un logo se devorce b ho gaya hai, meri family ko maine ready kar liya ye bolkar ke uske sath theek nhi hua hai toh mai shadi kar lunga because mujhe wo pasand thi. Hamari shadi ho gayi proper hindu religion ke hisab se. Shadi ke kuch din bad mujhe pata chala ki uska pahle wala husband kuch months tak sath me rah chuka tha and mujhe ek din uska doveorce ka document b mila but wo just ek stamp paper par dono ko sapration ka agreement hai, shadi ke bad se hi hamare soch and vichar match nhi ho rahe hain, bahut jhagde and kalesh rahta hai, pichle 1.5 years se meri wife mere sath nhi rah rahi and ghr b nhi aarhi hai, meri wife and uski family wale devorce b dena nhi chahte hain and mujhe darate hain case karke meri family ko saja karva denge, bahut jyada mental pressure hai mere upar, mai kya kar sakta hu mere pas kuch legal options hai kya? Mere sath jo fraud hua hai uske liye b mai kuch kar sakta hu kya?
Thanks in Advance
Adv. Sarika Khude
Responded 2 years ago
—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 495 of the Indian Penal Code,1860, as amended up to date-
—Whoever commits the offence defined in Section 494 having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonÂment of either description for a term which may extend to ten years, and shall also be liable to fine.
You may get issue a legal notice and try to settle the matter amicably if not possible then approach police and try to solve the problem finally you may approach the Family Court and get resolve the issue. In future please write in English.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
you can proceed with restitution of conjugal rights where the decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. For the lying part, the opposite party cannot be blamed since a certain amount of burden falls on you as well.
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You can opt for restitution of conjugal rights where the decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy that the deserted spouse could use against the other. As far as the lying part is concerned, a certain amount of onus does fall on the party to conduct thorough research before consenting to the marriage. Later, if you haven't committed anything wrong, you need not worry about the threats.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Section 494 in The Indian Penal Code,1860,as amended up to date
—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 495 of the Indian Penal Code,1860,as amended up to date-
—Whoever commits the offence defined in Section 494 having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonÂment of either description for a term which may extend to ten years, and shall also be liable to fine.
Aapka marriage legal nehi hain kiunki agar aapka wife ko unki pehla husband se legal tarike se Divorce nehi hua hain toe abhi vi unki pehla marriage valid hain aur dusri shadi karke aapki wife ne crime kiya hain u/s 494 IPC aur first marriage ka Divorce legal tarike se nehi honeka baat aapse chhupake unhone u/s 495 IPC ka crime kiya hain.
Please take note that you have good merits in your case so don't worry but you have to take proper legal steps otherwise your wife will continue to harass you.
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