Munni 14 January 2018

Need urgent suggestion

Dear All,

My husbend filed divorce and staying abroad.. he is not abeying court order for interim maintenance and inrdr not to pay me money he simply he filed another case in Supreme court...Now he is threatening that either I give divorce with a lumpsum cost.. But I want to fight on the merit to get justice.. In response he say that if supreme court will not in his favour then he want let the case be dismissed..

Now he is staying with another wife (not legally married) and already he has a baby boy from the illegal wife..All his money showing as his expences and all money he is giving to his new wife and baby..

If the case dismiss case arises, then legally I am the legally married wife and how can I prove that all his earning he is going to second wife (illegal wife and baby)..

In any case what will be the share of his property? I heard that his second wofe is not legally elegible to get share (but secretly he is giving all money to her)..and how the illegal bbay from him will get share from his property?

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8 Replies

Rajanna adv hallikar 14 January 2018

Don't worry supreme court will never pass blind orders. pl try to collect the birth certificate of the illegitimate baby. If your husband name is mentioned as father of child then you can file a case under begamy. (criminal case)by that you can see that his veesa will not be extended. court will issue warrant which will land him in serious trouble. Then will appear before the court. pl engage a lawyer to contest your case in supreme court. call me 9986657127

Kumar Doab (FIN) 14 January 2018

Which personal law applies in this case say; Hindu.

Confirm!

Kumar Doab (FIN) 14 January 2018

Was any marriage ceremony per customs of the personal faith say; Hindu, performed for this union /marriage with 2nd lady like in case of 1st marriage with you?

The 2nd lady is also married and her marriage is subsisting?

If the 2nd marriage is invalid, void, voidable then 2nd lady is not wife and hence not ClassI legal heir.

If child is born from void, voidable then although illegitimate child is legal heir…………………for a child to get status of son/daughter …………there should be performance/arrangement of marriage per customs/provisions of personal law…….

The child born from arrangement other than marriage may not have right of Hindu father’s property.

Rest your lawyer would handle the matter........for you.