What legal action i can taken agaist my husband
ankita slot
(Querist) 08 April 2012
This query is : Resolved
my husband had got an ex party-divorce order against me then after i filed set aside application and my husband was know that i have taken legal action against him and i also inform him that i have filed the application in family court all our conversation is recorded in my cellphone and he does second marriage with another girl now his divorce petition is restored in family court by the consent order of Hon'ble high court plz tell me now can i take legal action against my husband and his second wife in between i lost my job due to absenteeism for attending court proceeding in high court i m only 10th pass and i have documentary proof that he earn minimum 2 corer yearly can i get monthly maintenance and accommodation from my husband plz guide me
Raj Kumar Makkad
(Expert) 08 April 2012
You have every right to get maintenance and shared household from your husband. You need to file petition under section 125 criminal procedure code as well as DV Act petition under section 12.
You should file a criminal case against your husband who has performed his second marriage pending first.
V R SHROFF
(Expert) 08 April 2012
Even Divorce wife is alsO a WIFE: U R ENTITLED TO MAINTENANCE, RESIDENCE, AND EQUAL STANDARD OF LIVING.
For Appeal, etc, it need to go in detail of your proceeding & judgement & HC order.
But Mtn , residence , etc are ur right.
Guest
(Expert) 08 April 2012
i agree with the comments of both experts
ajay sethi
(Expert) 08 April 2012
you have stated that you have documentary evidence that he is earning 2 crores a year .
make an application under dv act for mianrnace , right to stay in shared household . since you are not working you are entitled for maintenance
Shonee Kapoor
(Expert) 09 April 2012
HI Ankita,
You have not disclosed after how much time of ex-parte divorce the husband contracted second marriage?
If it was after the 90 days period. Then no action of bigamy are sustainable.
However, maintenance is your right, which you should get, if you are unable to maintain yourself.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 14 April 2012
अंकिता जी !
हमारे विचार से सबकर राय सही बाटे
