Legal Question in Family Law in India

Hi, I have been married to a girl via online matrimony site on 2nd may 2014, after few days of married i came to know that my wife was already married and apart from that she was having affair with another guy. when i started asking questions regarding her earlier marriage and divorce copy, she made some excuse and after 2 month left for her house. Soon after 3-4 days she along with her brother started demanding money if i need divorce. I refused to pay them, and they they started threatening to file 498a and DV case if i dont pay them money.

I later on went to her native place and started looking for her divorce in court. i did not find anything in gandhidham court, but i found a Deed of Divorce from notary office. i inquired with few people and they said its not legal divorce.

I have filed Null-void petition in court as marriage was not consumed and there was no physical relationship.

Meanwhile my wife has filed 498a 125, DV cases on my within a year. and apart from that a case on share in my property.

My question are

1:Can i challenge Deed Of Divorce and file any cheating case?

2: Can she still get share in my property even if she cheated in marriage. If So how can i challenge?

3: Somehow i manage to spoke to her x Husband but he is not ready to say anything on record, But he told he has paid 5lacs for settlement amount.

4: She is doing Job in School is she entitled for maintenance?

Please help me out

Thanks

Jeets


Asked on 6/14/15, 10:05 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1. Why would you challenge the deed of divorce? In your null - void petition, she will have to prove the legality, validity, enforceability of such unlawful deed. You hold your horses and carry on with your petition.

2. Since she had a living spouse at the time of marriage with you, your marriage is certainly null and void more particularly when there is no physical relationship and marriage has not yet been consumed. She has cheated you and got married on the basis of false, illegal document viz. deed of divorce. Because of all this she is not your wife. She has no rights of wife. Be as that it may, even if she is wife, merely being wife, one does not get share in your property so long as you are alive. Such amendment in the Hindu Marriage Act has not yet been brought. You should also file a case of cheating against her by filing a complaint with the police. Who knows, the husband is in conspiracy with the wife and both have joined hands with her brother to extract money from you.

3. If there is no lawful decree of divorce, mere settlement does not satisfy.

4. If she is teaching in school, she will not be entitled to any maintenance.

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Answered on 6/15/15, 3:51 am


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