Bigamy case

pradeep chaudhary (Querist) 23 July 2021 This query is : Open
Respected sir's
Can I file bigamy case against my father.
At Present my mother is no more.
I am leaving in property which is in the Name of my father and leaving in the same since last 30 years.
Father filed case against me for maintaince.

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This discussion revolves around a son's query regarding filing a bigamy case against his father, who left his mother years ago and is now seeking to reclaim a property the son has occupied for 30 years. The son, now 65, lives in the property and pays taxes, but his father, aged 85 and remarried, is demanding it back, potentially influenced by his second wife's child. Legal advice suggests the son cannot file a bigamy case as he is not a party to the marriage and that property ownership, not tax payments, is key. The son is also legally obligated to maintain his father.

Dr J C Vashista (Expert) 23 July 2021
How do you relate the case of bigamy with maintenance petition filed by your father, where you are liable to maintain him ?

The house where you are living for the last 30 years is stated to be self-acquired property of your father where you are a licencee , which altogether different and has no relation with bigamy and/ or maintenance.

Advocate Bhartesh goyal (Expert) 23 July 2021
No , you are not victim and party to your father's marriage so you can't file complaint in this regard only party to valid marriage can initiate proceedings in this regard.
It is not only your moral duty to maintain your father but also you are legally bound to maintain your father.
You are living in your father's house as a licence, not as a right, your father has a right to dispossess you from his house.

SHIRISH PAWAR, 7738990900 (Expert) 23 July 2021
Hello,

Your mother is now 'no more'. So you cannot file the case as there will not be any bigamy by your father. You are legally liable to maintain your father so you cannot avoid responsibility.

Now you have to fightout the case as per facts of your case.

P. Venu (Expert) 23 July 2021
You have not posted the complete facts. As such the posting is a riddle than a query.

pradeep chaudhary (Querist) 24 July 2021
Sir I am 65 years old. My father left away my mother and me and leaving with other women.. now my father age is 85 years . My mother is no more now he wants the property back after 30 years. I am paying all the taxes and light bill till date. I have maintain the property . Now his second wife child wants to snatch this property also.. I have only no other house for residents purpose. Where I will go in this age. on contrary my father is leaving in well 3 bhk flat .. all other facility is available with them. But then too he wants the house back. My father does not have any property ownership documents of house as this property is made on open land. Only muncipal property tax is available. No they are asking maintenance in the terms of return of property. My mother not objected for second wife of my father. No she is not anymore so my father file case for maintaince and want propert return.. though they have property..

P. Venu (Expert) 24 July 2021
You are providing subjective opinion than facts. Who is the owner of the property? Does it belong to your father?

pradeep chaudhary (Querist) 26 July 2021
Sir
My father doesn't have any purchase agreement of the house where presently. Only municipal tax receipt is only proof..it is under my possession since 1983. And I am paying all property tax and light bill.. which is in the Name of my father..
Now after 35 years my father is demanding the house back..
Currently I am senior citizen and having only one property..

P. Venu (Expert) 26 July 2021
The real issue is the title to the property. Payment of municipal taxes can't make you the owner. So also, it is impossible that there could be a claim based on adverse possession if your father has the title to the property. If you are senior citizen, your father ought to be a super senior citizen!

pradeep chaudhary (Querist) 27 July 2021
Thank you sir..
The said property type is chawal.. that is constructed on government open land .. my father don't have any purchase agreement .. only municipal tax is coming under his name which is paying by me since last 35 years.. Now my father son born out of second wife pressuresing my father to take the property back. Sir can he take this property which is only shelter of me and my wife .. please guide my what should I do..

pradeep chaudhary (Querist) 30 July 2021
Thank you sir.. The said property type is chawal.. that is constructed on government open land .. my father don't have any purchase agreement .. only municipal tax is coming under his name which is paying by me since last 35 years.. Now my father son born out of second wife pressuresing my father to take the property back. Sir can he take this property which is only shelter of me and my wife .. please guide me what should I do

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