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Marrying Divorcee

Discussion in 'Life Without Spouse' started by sweety17, Jun 26, 2014.

  1. Jazmine83

    Jazmine83 Gold IL'ite

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    My Suggestion

    Ask your friend and her would be to get a restraining order agaisnt the first wife. But again the 1st wife should have harrased in the first place. You cannot get one based on speculation. However if there is a previous history on the 1st wife and if your friend's would be can provide call history, texts..then getting one is possible.

    Here is more info:

    Be clear about what kind of relief you want from judge.

    If your Ex is harassing you by calling/texting an the same is causing bothering for you than you should immediately file a criminal complaint with police and get an FIR registered against him/her. Your call records and messages by him/her to you will form a concrete piece of evidence against him/her and it also give you a very strong case in a court of law.

    On the Civil side you can very much file "Suit For Injunction" in a civil court again on the basis of call records and messages but in Civil Court you can only be able to secure restraining order against him/her without getting him arrested or any FIR registered.

    Both Filing of Criminal Complaint for registration of FIR and filing of Civil "Suit For Injunction" can be done simultaneously also as both civil and criminal remedies are independent from each other and one's outcome does not affect other.

    Don't delete messages and you can get call records of your number from mobile service provider at any point without any issue.

    Hope this helps. Ask your friend to seek an advise of a lawyer. And I would strong suggest that the guy not make ANY contact with 1st wife. Any message should be conveyed through a lawyer.
     
  2. han412

    han412 Gold IL'ite

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    In a divorce later both the parties will claim to be innocent victims. No exceptions.
    As it was a case of domestic violence ask your friend to be careful.
     
  3. sweety17

    sweety17 Gold IL'ite

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    Jazmine83,

    Thanks a lot for all that information. Will surely convey all that to my fren. Was helpful indeed.
     
  4. sweety17

    sweety17 Gold IL'ite

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    This is so true. This case is completely the reverse of most cases. Here the wife is harassing the husband, but Indian Laws are favoring women so much that, in genuine cases like this the wife gets away with harassing and the husband is left on roads.
     
  5. sweety17

    sweety17 Gold IL'ite

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    I do understand your POV. But in this case, the husband was living with the wife and her parents as "ghar jamai". And still she had the guts to file a 498 and DVC against him.(Thanks to Indian laws that favor woman whatsoever). There was no shred of evidence and the cases were dismissed.

    But still thanks for the concern han412!!
     

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