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Sunena   03 September 2017

Fathers 2nd marriage with out divorce

Hello. . Actually my father use to give lots of torcher to my mum , so she left me Nd my sister Nd went abroad for abroad studies . My father didn't accepted her that decision but with out his permission she went. She didn't have any contact with my dad but was in touch with my brother and me and my other family members.. after 6 yrs of that incident my dad married a girl with out informing mum. And currently they had one child aswell.. what shall we do... If she want divorce then will she get his properties? My dad Dont have gud relationship with me aswel... He even transferred his properties in new wife name.. prob is its already 5yrs he got married to new wife and daughter is already 3 . But I think my brother Nd my mum must get property which they deserve. He is transfering everything to his new wife names.. me Nd my bro still lives with them..


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 5 Replies

Siddharth Srivastava (Advocate)     04 September 2017

The second marriage of your father is illegal and the child from second marriage is also illegal. Your father has committed bigamy which is punishable in law. Your mother can file police complaint and can get your father and his wife behind bars. You and your mother can claim maintenance from him. For details consult with details. Sidharth 9811776422

Advocate Bhartesh goyal (advocate)     04 September 2017

Your father has committed the offense of bigamy by performing second marriage without getting divorce from first marriage.You and your mother are entitled to get maintenance from your father.children born out from the wedlock of legally. wedded wife  Will be  legitimate.and children born out from woman not legally wedded will be illegitimate  but both childs have share and right in self acquired property of their father.

R Trivedi (advocate.dma@gmail.com)     04 September 2017

1. You and your bro is living with your father, what were you doing for 3-4 years? 2. What is that education that kept your mummy, a mother of three, abroad for 6 years? These are general questions you should ask yourself. But yes, lawfully your father has committed the offense of bigamy. If your sole purpose is to get his property then bigamy case may not help you. What can help you is to negotiate and seek mutual consent divorce, he will, tell him otherwise jail.

R Trivedi (advocate.dma@gmail.com)     06 September 2017

Sidharth, can you explain what you mean by child born out of second marriage is illegal in this case.

jaiman gond   19 November 2018

sir नमस्ते
में ओडिशा से हूं मेरा चाचा पहले से सदी सुदा है और उनके 6 बच्चे हैं वो बचे अभी पढ़ाई करते हैं । लेकिन 10 दिन पहले मेरा चाचा ने और एक लड़की को marriage करने घर में लाया है । इसी बजह से बाछें को पढ़ने में परिसानी हो रहीहै । उसकी पहले की भीभी को तलाक नहीं दिया है की देना भी नहीं चाहता ।
इस case में क्या करेंगे sir ham plz reply करना
अगर हम case file करेंगे तो case hoga क्या और होगा तो पुर्निशमेंट क्या होगा । plz reply me sir

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