Legal Question in Family Law in India

2-Stamp Paper Divorce Agreement, Cheating & Bigamy

I'm frm Anand Dist,Gujarat.I married with a girl,registered marriage under Bombay.M.Act in Aug-07.After 1 month she opened mouth that she's already married previously in Apr-06.Due to conflicts she & that guy did a STAMP PAPER AGREEMENT OF DIVORCE on Rs 100/- signed by Sub-registrar in Nov-06(Only aftr 8 mnth).(Not taken a court�s decree)I compromised that situation & forgave her.But she did the same to me,deserted me and left my house in Nov-07.After too much try to reconcile frm my side,I agreed to divorce her.(Her uncle had also humiliated & threw away us from their house when we went to bring her back & threaten us too).At last She & I(by force)did same type of AGREEMENT of Divorce in Feb-08.My questions are as under:

(1)What should I do now?(2)What can I do with her?(3)Can I still file RCR to bring her back evenif I've signed Papers for Divorce?Can I still ask the court to rejoin?(4)Can I file for cheating case as per IPC 495?(5)Can I file for nullifying my marriage as she has not taken court decree before my marriage?How much time(approx)nullifying takes?After 1 year you can't file for nullity-Is it So?

(6)Can anyone remarry after signing such papers?(7)She stated UNMARRIED in my registration form.Howmuch important is it?


Asked on 6/23/08, 5:10 am

5 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: 2-Stamp Paper Divorce Agreement, Cheating & Bigamy

if she didnt take divorce from the earlier husband then she cant remarry so u cant file divorce as ur marriage is not a marriage in the eye of law. she cant claim anything from u.

u can file complaint against her.

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Answered on 6/24/08, 7:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 2-Stamp Paper Divorce Agreement, Cheating & Bigamy

Already replied

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Answered on 6/23/08, 6:38 am
Nandita Haldipur Haldipur Associates

Re: 2-Stamp Paper Divorce Agreement, Cheating & Bigamy

stamp paper divorce agrement is not valid

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Answered on 6/23/08, 8:54 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 2-Stamp Paper Divorce Agreement, Cheating & Bigamy

Already replied.

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Answered on 6/25/08, 12:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 2-Stamp Paper Divorce Agreement, Cheating & Bigamy

You may opt for options (4) and (5) mentioned in your note.

Your marriage is void ab initio since your wife already had a spouse living at the time of marriage. Therefore, cheating and nullity are the best options for you.

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Answered on 6/23/08, 10:40 pm


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