Open case of bigamy

Girraj sharma (Querist) 25 June 2021 This query is : Resolved
Dear Family Law Legal Experts/Professionals,
My known lady married for last 23 years having two kids daughter aged 21 yrs and son 17.6 years, came to know in Mar 2021 that her husband married to another lady also having two kids aged around 13yrs & 10 Yrs. The very first day this was revealed to the lady she along with her children caught her husband red-handed with the second lady, called her brothers. There was some fight later police was called and all were taken to the police station. Later on the lady withdrawn the compaint. The second lady files a police complaint stating that "Some 15-16 unknown people came and beaten us abducted my husband and they were forcing my husband to close the business" Complaint reached the same police Station after two months.Now second lady asked for undertaking for payment of 65k monthly and regular visits to her. Husband favours the Second lady but wants to stay back with the first lady. Now my questions to the learned experts:-
1. How the legally wedded wife can file a case.
2. she needs lots of funds for the education of her growing children.
3. husband has his own business three Private limited firms, how the First lady can stop or ensure no misuse of funds for the second lady or her children.
4. can she obtain so undertaking on a stamp paper? is it enforceable in the court of law in case of dishonoring?
5. What is the legal remedy for such cases.

Please Help.

Thanks & Regards
Girraj

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Quick Summary

A woman discovered her husband of 23 years has a second wife and children. She is seeking legal advice on how to proceed, including filing a case for bigamy, securing funds for her children's education, and preventing misuse of business assets. Experts advise filing for maintenance and potentially divorce, noting that while direct control over business funds is unlikely, legal action can secure financial support for the wife and children.

SHIRISH PAWAR, 7738990900 (Expert) 25 June 2021
Hello,

The lady can approach the court and file a case against the husband. The above act of husband is cruelty to wife and he is also liable for the offence of marrying during the subsistence of the first marriage. The husband is the owner of the business so the first wife will not have any control over the funds of the business. But to get lots of fund for the education of children the first wife can file a maintenance case. This can be a ground for filing divorce case.

kavksatyanarayana (Expert) 25 June 2021
Yes. The first wife shall file a case against her husband for his bigamy. In all the firms he has his own business. So you have to file for maintenance case for her and her children.

P. Venu (Expert) 26 June 2021
Yes, the lady can seek maintenance if the husband neglects her and the children, An action for bigamy is possible only if she can garner evidence as to the second marriage. It could be that there was no proper marriage.

T. Kalaiselvan, Advocate (Expert) 29 June 2021
If her husband is living with the first wife itself then there is no necessity for all such questions raised by you.
The husband has been maintaining the first wife so far without any deficiency towards the maintenance or children education neither he ignored them even after discovery of his second marriage.
If she is filing a maintenance petition then she may get a paltry amount towards maintenance for her and for her children, the frustrated husband may agitate and stop paying her more other than the court order maintenance amount, then she will be the loser.
No agreement between them will be enforceable in law even if she gets one from him under pressure.
Therefore compromise situation would benefit her to proceed further in her life for now until there is a major problem in future.

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