maintenance

ananthalaxmi (Querist) 01 May 2010 This query is : Resolved
one man get married after born one child he run out with another women with intention to marrie. now they are residing together in another place. his wife unable to survive with her son, that man has no job but he has some joint property in village. my question is she can get that property in the process of maintenance and she can file bigamy

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Kiran Kumar (Expert) 01 May 2010
well for bigamy she can sue him, but she must be in position to prove bigamy.

atleast file petition for maintenance, let him prove he is jobless, to maintain wife is his moral as well as legal duty.

G. ARAVINTHAN (Expert) 01 May 2010
Even if he is out of job, he is responsible to maintain his wife and children.

Apex court said ' beg , borrow or steal ' to maintain wife or children

Gulshan Tanwar (Expert) 01 May 2010
Definitely he must provide you all things which are necessities of life as well to your son. s.125 crpc comes to your help

senkottayan (Expert) 01 May 2010
she can file maintenance for herself and as for his minor son....
she can also file a partition suit for her son on behalf of her son...

Guest (Expert) 01 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.com
e.mail.nandkumarbs@sify.com.

REGARDING SECOND MARRIAGE AND MAINTAINENCE KINDLY NOTE THAT.
1.THE WIFE IS ENTITLED FOR MAINTAINENCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE AND SHE AND HER CHILD CAN GET EQUAL AMOUNT FROM THE HUSBAND TOWARDS MAINTAINENCE.
2.REGARDING SHARE IN PROPERTY WIFE CAN FILE COMPLAINT AND APPLICATION UNDER SEC.12 AND OTHER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT.SHE AND HER CHILD CAN ALSO CLAIM MAINTAINENCE WHICH IS IN ADDITION TO PROVISIONS OF CRPC SECTION 125 AS MENTIONED ABOVE.IT WILL BE AS PER HER STANDARD OF LIVING AND INCOME AND PROPERTY PROOF OF HUSBAND.SHE CAN GET SHARE AND RIGHT OF RESIDENCE IN THE MATRIMONIAL HOME WHERE SHE STAYED AFTER HER MARRIAGE WITH HER HUSBAND AND HER FATHER IN LAW AND MOTHER IN LAW AND BROTHER IN LAW.
3.THE WIFE CAN EVEN FILE A COMPLAINT AGAINST HER HUSBAND UNDER SECTION 498A OF I.P.C. FOR ANY DOWRY DEMANDS AND ALSO UNDER SECTION 494 I.P.C.FOR MARRIAGE WITH SECOND LADY.

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WITH BEST REGARDS TO ALL
THANKS.