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Divorce problem

(Querist) 30 November 2012 This query is : Resolved 
Hi Sir/Mam,

I got married in 2007 after 10 days I came to my home because of the husband and his family.Immediately he approached the court for reunion and we filed for divorce but now he asking for divorce stating that I'm not good to be a wife, But I came to know that he is married with some girl and they have 2 kids. So I'm going for hearing, I don't know how can I prove him as a father to some unknown child. How can I prove it? I heard about this matter through his relatives as well as some mails says that. but he wont accept it. he is earning well but he says that he cant give any compensation since I have been waiting for more than 6 years. Can anyone help me?
Raj Kumar Makkad (Expert) 30 November 2012
You can not only have got right to maintenance, right to accommodation, right to protection, right to all other monetary benefits an euqal life status as is being enjoyed by your husband under DV Act but you can initiate strong criminal cases against him under sections 498A/406/506/494 IPC. Mails are sufficient evidence concerning his marriage. Law do not require his acceptance for initiating action against him.

I think you are already in touch with your lawyer so consult with him in detail and move ahead.
nancy (Querist) 30 November 2012
Thank you so much sir. But the opponent not ready for any settlement/anything else. His family do the same thing to all like his father married 2 wives and from the first wife he has 7 children then 2nd wife given birth to the opponent. his brother also married and doing the same thing with his wife. but I thought we cant do anything with mails. thank you for your message sir. He just sent the mail to auroville in pondicherry for accommodation arrangements (insisting that he has wife and kid ), In that mail I came to know that he got married with another woman before getting divorce. Also I have a doubt that, Is there any possibility to medically prove that he has given birth to a baby? but I dont know the kid/wife.
V R SHROFF (Expert) 30 November 2012
Complaint to Police with help of Women's Organisation .
Police will find out & punish him .
U too will be free from litigation.
Devajyoti Barman (Expert) 30 November 2012
Since bigamy is a criminal offence first lodge complaint with Police. They would investigate and may find out the truth.

That apart claim all host of relief like monthly maintenance,lump sum damages, provision for alternative accommodation etc.
Raj Kumar Makkad (Expert) 01 December 2012
The mail sent by your husband confirming his re-marriage and even having a child out of that marriage is sufficient for you to lodge police complaint as already advised to you.
Raj Kumar Makkad (Expert) 01 December 2012
The mail sent by your husband confirming his re-marriage and even having a child out of that marriage is sufficient for you to lodge police complaint as already advised to you.


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