Legal Question in Family Law in India

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, 5:06 am

5 Answers from Attorneys

G. M. Gupta gmguptaandassociates

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Re: Stamp Paper Divorce Agreement, Cheating & Bigamy

if she has not taken divorce in the court then SHE CAN NOT MARRY YOU. and ur marriage is not a marriage in the eye of law. neither u can force her to come to you nor u can divorce her becos she was never ur wife.

u can file complaint for cheating you etc

Answered on 6/24/08, 6:24 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Stamp Paper Divorce Agreement, Cheating & Bigamy

From the facts it seems that her previous marriage was existing and not legally dissolved and therefore your second marriage is not legal infact not existing.you can file a complaint of cheating and fraud. As there was no marriage between you both question of divorce doesnot arise.

Answered on 6/23/08, 6:37 am

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