Husband secured divorce while maintaining another woman

Samaritan1987 (Querist) 15 September 2025 This query is : Resolved
Hello all, my father secured divorce while maintaining another woman and gave birth to a girl while divorce is his divorce is pending with my mother.

He filed divorce in 1992 and granted divorce in 1997 but he illegally married another woman and gave birth to a girl in 1995, my father is a govt teacher, but he leveled false allegations against my mother and did perjury to the court by concealing his illegal wife and child, my father has taken away my mother’s properties and left her destitute state. How can I reopen the divorce case of 1997 in 2025 and how to cancel that divorce and make my mother as legal wife again and punish my father or get compensation for damaging life of my mother. Please advise

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This discussion explores the possibility of reopening a divorce case from 1997 where the father allegedly committed perjury and bigamy by marrying another woman and having a child during pending divorce proceedings. The original poster seeks to cancel the divorce, reinstate their mother as the legal wife, and secure compensation or pension rights, despite the significant time lapse. Legal advice suggests that reopening the case after nearly three decades is highly challenging due to limitation periods and potential condonation of matrimonial differences, though the possibility of pursuing a criminal complaint for bigamy remains, albeit with its own difficulties.

T. Kalaiselvan, Advocate (Expert) 16 September 2025
You are not the affected party.
If at all your mother had any grievances she should have preferred an appeal against the judgment within the limitation period.
First of all you are not even able to understand that whether your father was maintaining the other woman or he got married to her during the pendency of the divorce process.
If that was the case your mother could have filed a criminal complaint for the acts of bigamy, but you r mother did not resist it neither she tried to retrieve her property if that was fraudulently taken away by your father deceiving your mother as alleged by you. It is almost three decades now, hence no complaint or case or an appeal will be maintainable especially you cannot file any such case.

Samaritan1987 (Querist) 16 September 2025
Hi Sir,

I am studying LLB 2nd year , I would like to take vakalatnama from my mother once I graduate and would like to bring this matter up to the court on behalf of my mother, and want to fight the injustice done to her, so I want to know how can I initiate a suit or reopen the case as 30 years were passed now.

kavksatyanarayana (Expert) 16 September 2025
I think it is not possible now, even if your mother requests that the court reopen the file.

Sudhir Kumar, Advocate (Expert) 18 September 2025
has your father retired?

Samaritan1987 (Querist) 18 September 2025
Yes, he being a govt teacher (now retired) lied to the court, he did perjury when his divorce proceedings are happening. Why can’t I make him liable for his perjury, injustice done to my mother, how can law simply close its eyes just because of delay in bringing up the matter to the court. Is there any chance for condonation for delay and reopen the divorce case, because I have clear evidence that his divorce was granted in 1997 but he gave birth to a child with his illegal wife in 1995, how can he escape by leveling false allegations against my mother. My mother is still in perception that her husband is my father only and living alone all these years. Please help me on how to take this matter legally. And also how to make my mother is entitled for his pension as my father’s second wife is illegally married.

Sudhir Kumar, Advocate (Expert) 20 September 2025
Yes, he being a govt teacher (now retired) lied to the court, he did perjury when his divorce proceedings are happening.

YOU HAVE WAITED FOR HIM TO HAVE RETIRED AND NO DEPATMENTAL ACTION ON THE CHARGE OF BIGAMY IS POSSIBLE.

THE CRIMINAL CAE OF BIAGAMY COULD HAVE BEEN MADE. CAN STILL BE MADE. HOWEVER FROM THE CONDUCT YOUR MOTHER SEEMS TO HAVR CONDONED HIS MATRIMONIAL DEFERENCE

Why can’t I make him liable for his perjury, injustice done to my mother, how can law simply close its eyes just because of delay in bringing up the matter to the court.

GIVEN FACTS INDICATES THAT YOU ARE LATE. IF YOU MEET A LWYER WITH PAPERS THEN THERE MAY (OR MAYNOT ) BE A DIFFERENCE INTERPRETATON

Is there any chance for condonation for delay and reopen the divorce case, because I have clear evidence that his divorce was granted in 1997 but he gave birth to a child with his illegal wife in 1995, how can he escape by leveling false allegations against my mother.

IT APPEARS THAT YOU HAVE PROOF PF CHILD BEFORE MARRIAGE . THIS DOES NOT PROVE BIGAMY.

My mother is still in perception that her husband is my father only and living alone all these years.

IF CAN EVN AFTER DIVORCE SHE TREATS HIM AS HER HUSBAND THEN IT IS NOT A LEGAL MATTER RAHER A MEDICAL ISSUE. IN SUCHSITUATION THERE CAN BE NO CASE AGAINST HIM

. And also how to make my mother is entitled for his pension as my father’s second wife is illegally married.

ONE ONE SIDE YOU ARE MENTINING THAT YOUR MOTHER IS DIVORCED AND ON THE OTHER HAND YOU WANT HER TO GET PENSION. WHAT IS YOUR REAL STAND.

Samaritan1987 (Querist) 20 September 2025
As the second marriage is invalid and he did not marry her officially anywhere and no marriage registration of his second marriage was happened, so can I make his divorce as null and void as he did perjury to the court. What sort of legal option available for me at this juncture.

Sudhir Kumar, Advocate (Expert) 22 September 2025
If second marriage is void then the divorce in first marriage is not annulled .

Samaritan1987 (Querist) 22 September 2025
He obtained the divorce by suppressing the facts that he had a child with his illegal wife at that time before granting his divorce. Can’t be used to now to cancel the divorce obtained by my Dad at that time.

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