my ornaments costs around 2 lakhs.now he refuses to give them back. Recently i came to know that he got married to another girl without getting legal divorce decree from court. And i wanna punish him for spoiling my life and also an innocent girls life. Shoulld i sue him or just leave him and go ahead in my life
2007-04-17 18:41:12 · 13 answers · asked by rithika 1 in Family & Relationships ➔ Marriage & Divorce
For the first time I have come across a query where the person is in double mind whether to plunge in legal battle or settle down peacefully. I am in the profession for the last 24 years always stress on out of court settlement rather then long existing litigation that means loss of money, time & even reputation. Litigation in India means wasting at least couple of precious years of your life spending in the hot, hummid, and windy season in the open corridors of the court premises. The matter involving any matrimonial dispute results in 99% cases as dissolution of the marriage whether one wants it or not but we still continue our legal battle just don't know why as if we will be presented with a gallantry award by the President of India during the Republic day celebration. In the present case no doubt you have a very strong case for getting divorce from your husband on the ground of his second marriage during your marriage still on that itself also amounts to mental cruelty, but still I will suggest that you should now settle this matter by 1) return of all your golden ornaments or stridhan which you took at the time of marriage,2) filing divorce by mutual consent, where you need not have to give any ground as such but only move a joint petition for divorce that will be decided within 6 months or so. As far getting him punished for what ever he has done no doubt I can suggest the provisions such as section 494 of the Indian Penal code that provides punishment for the offence of bigamy but even in such a criminal complaint you only have to prove BOTH his marriages, no doubt you will be having evidence regarding your marriage with him, but do you have sufficient evidence to prove his second marriage beyond any reasonable doubt? If you have come to me I'll see he goes behind the bars for a sufficient period of time. Secondly I can also suggest the provision such as section 498A of IPC, that provides punishment for cruelty, but in that case too you require evidence so strong that it can put him behind the bars, & that again means proof of his second marriage. With all these considerations I suggest you settle the matter as I stated above & let the life go ahead, find another suitable person & settle down with him. This is the practical way to see the things & not being driven by sentiments that means nothing but lawyer’s professional fee that you pay for getting the same result after a long drawn legal battle of years together which could have been settled within 6 months or so. No lawyer or Advocate will give you this suggestion which I have given you here as it means suicide for the lawyer/advocate.
2007-04-17 23:01:18 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Do you have any receipts or proof that you bought the gold jewerly, because that will work great in the courts. You can definitely send him to court and into jail for bigamy because I know in India a man cannot have more than 1 wife, right? So because he married another person while he was still married to you and you have the documents to prove that he did not actually ask you for divorce and did not divorce you legally through the courts, then you can send him to jail. Don't worry about the other girl. She isn't that innocent....she probably was after him for a while and he used your jewerly for money or gave it to her. Definitely go ahead in your life, but take him for court (send him divorce papers yourself and tell the judge why you left him and that he got married to someone while still being married to you) and sue him for everything.
Good luck!
2007-04-17 18:48:33 · answer #2 · answered by Asia 3 · 0⤊ 0⤋
I don't know how much a lakh is, but I would let the ornaments go. Some things are worth fighting over, some are not. However, I would make sure that the divorce gets done legally, for your own sake. You want to make sure that you are free of him in all ways, so that you too can make a new life.
2007-04-17 18:44:54 · answer #3 · answered by Jas 3 · 0⤊ 0⤋
My husband and that i've got separate economic company money owed yet we even have one at the same time. the only we've at the same time will pay for all the companion and toddlers costs and issues like that. We safeguard separate money owed because of the fact I also have a newborn from my previous marriage so my newborn help is going there. we've been doing this for 10 years without subject, I on no account am made to sense in charge approximately what I spend, in actuality 3 weeks in the past the transmission went out on my Blazer and that i grew to become into bored to death in putting money in it so I traded it and offered a sparkling Chevy Silverado. Hubby merely laughed and teased me because of the fact i offered a Chevy.
2016-12-29 06:10:26 · answer #4 · answered by ? 3 · 0⤊ 0⤋
sometimes it best to just let things go. let him go move on with your life get a divorce and don't sweat the little stuff. his new wife will find out own her own what he is like and will probably leave him too. so just let the ornaments go and move on with your life. also if hes in the US isn't that like bigamy so you can sue him for that since your not divorced. good luck!
2007-04-17 18:48:43 · answer #5 · answered by kameo_44 4 · 0⤊ 0⤋
Sue him and get your jewellery back. Do you have any photographs in which you are wearing those jewelleries, you could use them as proof. If you're living in india becareful with these police men cos speaking from experience, they will promise to help you at first and then if the other party bribes them, they just keep your case pending.
Be very careful and I wish you all the best.
2007-04-17 19:27:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Sue him and save the innocent girl life,
2007-04-17 18:56:17 · answer #7 · answered by TO 2 · 0⤊ 0⤋
Just get on with your life. Do not look back and do not give him another thought. Why waste your life.
2007-04-17 19:01:01 · answer #8 · answered by short stack 3 · 0⤊ 0⤋
get that divorce, and have it in the decree that he has to return any of your personal items that you left behind and want. if he doesn't return them, then he can be charged with contempt of court and sent to jail.
2007-04-17 18:44:18 · answer #9 · answered by roansaga 3 · 0⤊ 0⤋
Sue him but I doubt that you will win much...
India is not known for much justice for women.
2007-04-17 19:09:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋