Hello, I have a queries relating to my case. Please suggest me in this regard.
1) My husband has solemnized second marriage and with that marriage he has four children. I have filed case in this regard under Sec-494 IPC against him and second wife, which is pending before the High Court of Allahabad under Sec-482 crpc. I have requested to the court to send notice to the second lady also to appear before the court but Court has denied to do so.
2) Second wife has also filed case against my husband under Sec-495 IPC for cheating. She is Constable lady by profession in U.P. Police. I wrote RTI to U.P. Police to disclose the details of second wife of my husband. But Police did not gave the reply of that RTI.
After struggling from many years, in Jan 2017, we filed mutual consent divorce and first motion has completed. After completion of first motion, I have received reply of my RTI from UP police in which they stated that my husband is a husband of second wife. Can I use this RTI as evidence and I don't want to do second motion.
Please help and suggest me.
The Second marriage of your husband is illegal. The children from second marriage are illegal. You have every right to deny for second motion. Have you made second wife as party in said proceeding before high court? You can RTI information in your support.
Mam you need to withdraw your consent and MCD petition, and peruse your criminal case or file fresh suit for divorce with the evidence you have.
Since you both file MCD, stating terms & condition, court may not consider your RTI as evidence.
And my view bigamy is a crime and you need to punish him, to send message to society in good faith.