Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bigamy

Page no : 2

Tajobsindia (Senior Partner )     25 April 2011

Gurudev then why use and I quote you "IN LEGAL LANGUAGE IT IS -  ADULTRY"

You have not replied to contradiction in your reply and I quote you again

"IN LEGAL LANGUAGE IT IS -  ADULTRY.
BUT NOT ADULTRY U/S 497 OF IPC."

Does this breif says it comes under adultry ? If not then why talk and misguide author on adultry time and again ?

Why donot you talk of BIGAMY for a change for this breif !


Arup (UNEMPLOYED)     25 April 2011

whether it will come under  cheating?

--- no.

your personal feelings may hurt and so you feel cheating.  but in legal sense it is not cheating. see sec 415 to 420 ipc


(Guest)

@ author

 

Very sorry to hear your story.

 

If they have married without you getting divorce,you can punish them both under an IPC section about which only a lawyer can tell you.

 

If they are having a live-in without a marriage,I am sorry they cannot be convicted.This is the beauty of Indian judiciary.On one hand it talks about giving "rights" to legally wedded wives.On the other,it takes no action against such immoral people,like your husband and his k***.Pray to God that in your next life,you get reborn in a more advanced country where the judicial system is so strong,that there is nothing to fear,if,at all,you face any injustice.

 

Do you have a child?

 

If yes,you can file DV Case against your husband where you also mention about his live-in.

 

If they live in a house which belongs to your husband,I think a case of tresspass can be made aginst this "bechari widow" for illegally living in your husband's house on whcih only you have the right.(Confirm from a lawyer about this action also)

 

This widow who's living in with him must have trapped him,your foolish husband,with the power of her tears,which many women are good at shedding,when they want to get things done their way.

Even if you don't have a kid,file DV case to demand maintenance,compensation for harassment and of course mention all his cruel behaviors,including mental cruelty such as this affair.

 

In India,sometimes you have to deal very strictly with an iron hand,because some people often don't understand the language of softness.Once the case is filed,obviously the name of this woman will also be on papers in court.She will automatically be embarassed,besides your husband.

 

I don't know if this is a legal advice or not,but many people approach the media to bring out their grievances,so that they are heard.If you do so,the exposure which your DH and his so called wife get will be enough to shaken them from their "blind love(or lust).If going to media is legal you can always say why the laws in India are so hypocritic?On one hand they claim to be helping wives,but on the other they take no action against such people as above,despite a marriage already existing.So offenders like above never "learn a lesson".

 

If you have the guts,please check from a good lawyer about the media thing,if it's legal.I am not a lawyer.I advised since I saw many such cases on TV/newspaper.So I advised.As they have more impact.

If your lawyer says this can be done,please go ahead and let everyone know that the child they are nurturing is also out of an illegal relationship.

For all you know,your husband will even return to you after facing society's mockery.

 

 

 

 

1 Like

galsober@yahoo.co.in (def)     25 April 2011

This seems a half baked story, no sensible person will reject his sincere wife to take a risk of his reputation & peace of mind & start living with a widow in live-in relation.

Do introspection, try to adress the real differences which have come-up within both of u, if the reconciliation is possible, talk 2 ur hubby.

If he is bent upon living separately, amicably take maintainence ammount & plan divorce rather than wasting ur time, money & energy in "Teaching Him A Lesson". Mind u, If he is hell bent to live separate, no litigation, threat will work. So assess urself, where the relationship is standing now? I know tempers run high when u come to know about ur spouse relationship, but take heart n donot act in blind-revenge

1 Like

gloria (lecturer)     27 April 2011

and the interesting thing is that a father is not bound to look after the baby in india.

only thing which a father is bound to give is maintanance money, maximum a 5000 , and nothing else.

the legal daughter is growing up like an illegitimate child , as she does not know even who is her father as father did not see her for 2 years and she is only 4 1/2 now, asking who is her papa.

mother or the mother for the baby , cannot even go to court telling father is refusing a life of dignity to the baby, as the society is seing her as fatherless, and even she is feeling so......

daughter's rights are not met.

the love and care of a parent is only a concession

not a right of baby....

indian laws are pathetic...

1 Like

abhishek (student)     27 April 2011

gloria

first of all your i want to know what you want to do.

option 1

if u want to get back ur husband,file a petition for restitution of conjucal right

option 2

You can file a petition for judicial sepration and get maintenance from him

option 3

Your husband is definatley in a bigamous act as well as adulterous act.I define how it is bigamy and adultry hereinbelow

Bigamy means marrying another spouse without getting divorce from previous spouse which is offence .In you case,your husabnd is staying with the women and the society knows them as husband and wife relationship and the child which was born to them was registered with your husband's name,which is enough and circumstanial evidence is enough to proof that ur husband is in a bigamous act.But in order to better support your case ,find some evidence of their marriage

adultery takes palce when other husband is having illicit relationship with other person.SC has expresely said that adultry can also be constructive(which is circumstantial) soo u can file a  suit for divorce under this two grounds and het maintenance and permanent alimony .

NAIL THAT BASTARD

REGARDS

ABHISHEK

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register