Married man living with widow without divorce to his wife


Hello Legal Experts, I need some help. A married man from Hyderabadfrwho has kids lived with widow completely without giving divorce to his wife. He neglected his family and didn’t support financially. This man sold his house where his family was living and bought an apartment with that amount with joint registration of that person and widow. Recently, the man has died and the widow has changed the apartment’s registration to her name, now she has become single owner of that apartment.

Which section of Hindu Marriage Act can punish the widow since she lived with a married man who hasn’t divorced to his wife?

How to punish the widow for changing the registration of that apartment on to her name and transferring bank’s Fixed Deposits accounts to her name?

Thanks in advance for your helpful suggestion.

 
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Advocate

There is no provision under the Hindu Marriage Act,1955 for punishing the widow, she never married this married man but lived in relationship during his lifetime, his wife could have sought divorce from the man on this ground and even claimed her right of alimony and residence from him but this was not so and after his death her right cannot be claimed against a third person which is this woman.

Yes if there exist sufficient evidence that the bank balance amount and registration of the immovable property (Flat) were in the name of the deceased married man the widow (first wife) and her children only have right to claim these as his lawful heirs under the Hindu Succession Act,1956.

The widow had got the name of the deceased married man removed from the property and bank account will not make her sole owner of these, even if she had her joint name in these the half of these will still be considered as properties of the deceased man on which only his widow and children as lawful heirs have claim.

A civil suit claiming their share in the properties of the deceased should be filed in the civil court by the heirs of the deceased man.

 
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LEGAL CONSULTANT

Yes I support the views and suggestions of Adv Mahajan
 
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Lawyer

Well advised by expert Mr. Vijay Raj Mahajan.

The widow did not comit any offence to establish a live-in-relation with the person (since deceased); buying a flat as co-owner with him and getting the same transferred in her name as sole titleholder.

Collect evidences to prove that the deceased (husband/father of children) has used the proceeds of house to purchase the flat with the widow, consult a local prudent lawyer and proceed, you may get "something".  

 
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Lawyer

Well advised by expert Mr. Vijay Raj Mahajan.

The widow did not comit any offence to establish a live-in-relation with the person (since deceased); buying a flat as co-owner with him and getting the same transferred in her name as sole titleholder.

Collect evidences to prove that the deceased (husband/father of children) has used the proceeds of house to purchase the flat with the widow, consult a local prudent lawyer and proceed, you may get "something".  

 
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hello expert,me and my wife seperate around 8 yrs and after seperation she applied divorce case against me and after 6 yrs of divorce fight  we both agreed for mutual divorce than we agreed custody of girl child with mom because from birth she was with mom and child is attached to her and my ex is also and  i got the visitaion. when i go to visit my child she is not ready to come....my question is that my ex-wife is going to marry can i get the custody of my child that she is going to marry? can give me the suggestion

 
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Lawyer

Yes, if your ex-wife agree and the child is ready to join you, you can have custody, consult your lawyer who knows very well about the facts of the case.

 
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Both are attached to each other and she will never give custody and my daugter is not coming near to me in this case what to do and she is going to marry another person

 

 
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can i put a case that she is going to marry another person and get custody of child

 

 
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