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DearIAmStillAlive (engineer)     02 August 2013

Bigamy & maintenance

I am fighting Divorce & 498a/125/24 with my legal wife ( with a minor - 2yr) and now she has married to another person.

Interim Maintenance may be decided very soon in few dates.

If i file Bigamy, does it has any bearing main maintenane cases?

- what will effect on both - wife and minor's maintenace?

- will maintenance be delayed?

- will amount be less?

- will go against myself?

- is there any judgement which says that such complain be decided first before maintenance?

Thanks for you expert guidance.



Learning

 3 Replies


(Guest)

I am fighting Divorce & 498a/125/24 with my legal wife ( with a minor - 2yr) and now she has married to another person.

Interim Maintenance may be decided very soon in few dates.

If i file Bigamy, does it has any bearing main maintenane cases?

 

opinion: Before that what you were doing-------sleeping or what?

even your lawyer haven't suggested you to file bigamy case prior to order of interim maintenance.

If bigamy prooved,as you are very much alive,then there is no maintenance to her and she will be sentenced for max 7 years of imprisonment.

 

- what will effect on both - wife and minor's maintenace?

 

opinion: Wife no maintenance only Jail,for child you have to take custody.

 

- will maintenance be delayed?

 

Opinion: as same as above

 

- will amount be less?

 

opinion: as same as above

 

- will go against myself?

 

opinion: No,once it is prooved or else you can charge her even for adultery

 

Adultery by wife = No maintenanace + you are eligible for grant of divorce + child custy too

 

- is there any judgement which says that such complain be decided first before maintenance?

 

opinion: Yes there are many judgements just go trough Indian kanoon.com.But the actual wint depends on facts and circumstances,it depends on how your lawyer are argued to counter her maintenanace by her ill act of adultery leading to bigamy.

 

 

regards,

A sufferer....

Ranee....... (NA)     02 August 2013

No maintenence and easy divorce if you can prove your allegations.But you have to bear for your kids.Talk to your lawyer and file a bigamy case.

Basu Tigadi   09 November 2017

Hi Dear Legal Advisers/friends! I am second husband of my wife and we both married on 15/05/2015 in front of house. She and her parents did not disclose the fact of prior marriage with mother's younger brother whose name is Mr. Kalloleppa Ogi and also hails from same village. I came to know this fact when I took her to enroll the Aadhaar card to Aadhaar center after 1.5 years of marriage and I inquired her about this matter, she said that she had been married to Mr. Kalloleppa Ogi while she was minor i.e. 14-15 years of age at Samuhika Vivah in her native place. She lived with him more than 1 year after marriage and she is not still divorced from her first husband, but her parents/elders are saying that she was divorced on 100 rupees stamp paper before village elders. After all of this, I collected first marriage photos from the place where the marriage was performed and I have copy of Aadhaar card as an evidence. I also inquired her first husband through phone, he also agreed that he had been married to this lady and lived with her more than 1 year. Literally she and her parents concealed this fact and I got cheated by them, so I wish to initiate legal action against them.


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