Legal Question in Family Law in India
I wish to give my clear picture here to seek right advice. I was married to a person in 2004(Gujrat) and left his home within 2 months of marriage ( he found me infertile and few years older to him in age) and both of us agreed to end the relationship within 8 months of marriage and the agreement of divorce and financial transaction (taking ornaments and cash from him) was done on the stamp paper of Rs 100/ and notarized the agreement in Gujarat where I was married. We preferred not to move court and obtain decree of divorce through as it was time consuming and we had another boy already waiting to get married. Immediately within a week, I married to another person in a Sikh temple by offering ardas( may be Anand marriage) in presence of my and his relatives .This marriage was not performed by Hindu rituals or taking seven rounds by holy fire( sapatpadi). This person had a decree of divorce from his previous marriage dissolved. Later we obtained a marriage certificate signed by us and my sister and matchmaker as the two witnesses from Collectorate office where I showed myself unmarried and he as divorced from our previous marriages.
I lived with the second husband for about seven years but he was not happy with me and he always wanted to end the relationship and he wanted a child and I tried IVF also but could not conceive. I am ready for procuring surrogacy for him with his sperms which I kept promising but our relationship has always been at stake, so couldnot. He has now deserted me for about a year following an incident of a flair up and heated discussion between us, my elder brother and him and my brother scolded him. We went to the court for notarized divorce on mutual consent but later I declined to sign the notarized divorce agreement on the plea that he had my ornaments in his locker and asked him to return it before ending the relationship. I am living alone now separately. My parental family has two brothers and are very rich (millionaires) and influential and can do anything for me. We are pressurizing him socially as I wish him to return but all the talks have failed. Either I want to live with him or want him to return jewellery which he is also willing to give back till he gets clearance.
However, nothing was in joint names , I kept my financial set up separate but spent money in home expenses such as groceries , vegetables and maidservants� monthly payments during last 3 yrs. He has also been paying house rent, home loans, incidental expenses, house expenses 2-3 thousand in a week and his personal expenses petrol, mobile , internet, guest, hotelling , outing etc. I was bearing my own expenses petrol, mobile, clinic rent etc.
He has not taken any course of action so far. But I am apprehensive about
--what legal course of action he can take against me and my parental family? Will he be able to take divorce if I do not wish to leave him? Can he take divorce on grounds of cruelty (which he alleges during talks).
--Can I avail remedies under RCR or DVA or seeking maintenance or lump sum money as recompensation.
- Shall I be able to take maintenance from him if he is earning more than me (I am a surgeon in pvt. practice and he is a Govt. official).
-Can I claim a share in property which he has bought though through taking loans from the banks in his name during our cohabitation but the property value has now appreciated.
Pl advice.
1 Answer from Attorneys
your second marriage in law is without obtaining divorce and therefore null and void. Divorce by agreement on stamp paper is not a divorce. Your second husband won't require to take divorce as the marriage is null and void and therefore non existing in law.
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