Bigamy
Querist :
Anonymous
(Querist) 01 December 2009
This query is : Resolved
I got married in April 2003. My husband was having an affair before and after marriage. He got married to another woman while being married to me in June 2004. He confessed to this in 2006. We were in Dubai and the woman was also living in Dubai.
He promised me he will not see her and not cheat on me again, we returned to India. In April 2009 I saw some messages from a female colleague and I confronted him. He said she sent it to him by mistake. I had travelled for work recently for 3 months to US. Suddenly he is talking about divorce and is very adamant. I suspect him of having an affair again. he is not admitting to it, I have a few text messages on his mobile, but I do not know if that is enough evidence to prove his adultery.
He is not giving any reason for divorce and is saying that he has decided and thats it. He does not find it necessary to give me any reason. He says he does not have feelings for me anymore and does not want to waste time. I have told him I am not moving out of the house or giving u a mutual divorce, if he wants he can file for divorce. If he does that, I want to prove his bigamy. How can i get records to prove his bigamy. He got married the second time in Bandra court, Mumbai.
He is mentally harassing me and my family, threatening me to give him mutual divorce. One day he was about to hit me. My family is scared that he may hurt me. I am not sure if it a an affair or is it his mother pressuring him to leave me. She was always against our marriage. What should I do, please advise.
Few queries:
I am working, dont have a child yet. Am I eligible for compensation?
What can I do to prove his bigamy/infidelity?
The house is on both our names, am I eligible for half the property or full property?
What is the punishment for bigamy?
Regards
adv. rajeev ( rajoo )
(Expert) 02 December 2009
First of all what is your religion. If you are hind only on vague grounds divorce cannot be filed, it required genuine grounds.
To prove bigamy you have to file criminal case against your husband and that lady, to prove the 2nd marriage burden lies on you.
You cannot claim maintenance from your husband because you are earning, if you dont have sufficient income to maintain yourself then you will get the maintenance.
house property is in both the name so you are entittle to 1/2 share.
Raj Kumar Makkad
(Expert) 02 December 2009
You have ample proof of bigamy of your husband like his marriage through court of Bandra and SMS on his mobile. Even his re-marriage is the sole ground vide which a FIR can be lodged against him, his second wife and all other persons who helped him performing this marriage knowing that he is already married with you.
You dont go in lines of divorce. If you think and become agree then definitely you are entitled for the grant of compensation and house belongs to you as per your share. move an application under section 12 of DV Act and seek interim stay order therefrom against your forceful eviction against your husband and if he violates it then court shall lodge another FIR against him under section 31 of DV Act. You have nothing to worry as law is purely in your favour and he or his family members can do nothing against you. They will have to come to your terms.
prakash vathore
(Expert) 02 December 2009
ans to u queries
1) as u r working u r not entitiled for maintenance.
2)u have to lodge police complaint against ur husband and provide all information to the police they will investigate in the matter.
3)if the house in the name of both of u u r entitiled for 1/2 share.
4)punishment for bigamy is upto 7 year imprisonment.
Poonam Upadhyay pathak
(Expert) 02 December 2009
