Divorce on Rs. 100 Stamp paper
5 years ago
I got married on 5th Feb, 2018. We both are same cast Kacchiya Patel. After one month on 7th March, 2018 she go back to her home first time after marriage. She was somewhat ill so I go to her home on 10th March and returned on 12th March. On 14th March we got informed by other person from their city who was in middle for our marriage that my father in Law don’t want to send her daughter to me. My Father has tried too much to solve the issue but from their side negative reply to solve. They don’t even want to meet me and my parents also. And on 29th April we have signed divorce agreement on Rs.100 Stamp Paper. In that agreement I have added a point, that no try to save relation was done from their side. It was done by our side only. Still I want her back in my life. What can I do? If she marry other guy what can I do? We never meet again after 29th April. If she marry again is it a punishable offence by her? What are after possibilities?
ROBERT D ROZARIO
Responded 5 years ago
that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
In your situation you can either get a decree of restitution of conjugal rights where the court will direct her to consume her marriage and perform her conjugal rights. And if doesn't join you, she will not be entitled to maintenance also.
As for her second marriage is concerned, that is not possible unless she get her first marriage dissolved by a decree of divorce. Second marriage during the lifetime of the first husband, attracts penal provisions under the law which amounts to bigamy u/s 494 IPC. So don't worry of her going for a second marriage.
Alternatively, if you think your wife is wanting to resume her conjugal duties but her family are preventing her from doing so, then in that situation you can approach high court moving writ of habeas corpus, to bring her to court and the bench after hearing the parties make its observations and findings and give her give her custody to the husband.
For filing RCR or Writ Petition contact a local lawyer from Vidhikarya.
Deepak Yashwantrao Bade
Responded 5 years ago
Namitabh Kothari
Responded 5 years ago
Don't worry as the Law is on your side in this case.
Please contact VIDHIKARYA for further discussion and action.
Kavery Anand
Responded 5 years ago
If she do so .. that marriage will be void marriage.
Kavery Anand
Responded 5 years ago