FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

manoj (d)     07 October 2009

Bigamy - Please help

Bigamy

Dear Sirs

My mother died a few years ago and after her death convinced our father to marry again. 
We are based in the UK.  My father went to Punjab, India and married a lady Sunita in 2004, from there and brought her to UK. 
After a year Sunita wanted to go back to see her ill father but after she reached she did not want to come back. 
She insisted my father bought her a house in Punjab.  My father has lived in uk for nearly 4 years without her. 
He cannot live in India as he has ongoing treatments as he is a heart patient.

Just a year ago my father found out that Sunita was married already when she married him and her husband died just
4 months after she married my father.  My father has this evidence from the village, her relativbes including an afidavit
from her brother even though she swore she was a spinster.  she says now she was married in 2003 and divorced in 2003.  Not  true.

My concern is my father is ill.  He filed a case in Delhi for the marriage to be annulled.  but the laywers are playing with
him and not giving the correct advice.  Just taking money from him.  He doesnt want her to take his properties in uk and india.

The judge has asked my father for his assets.  Is this normal?  We are the ones filing the case yet its back firing as
Sunita is asking for maintainance.  There have been severa court dates and my father has left uk to attend and sunita has no
regards for the courts.

We are really tired and think our lawyers are too relaxed or can something be done sooner?

In stress today i searched the internet for answers and am so happy to come across this site.
Now i request for some advice to get us out of this mess please..


 



Learning

 5 Replies

Isaac Gabriel (Advocate)     07 October 2009

You have not stated which one ie petition for unnulment  or petition for maintenance was filed first..The case for annullment could be conducted by entrusting it to eminent lawyer with the facts of the concealment of the first marriage.

manoj (d)     07 October 2009

Sir firstly thank you for your reply.

A case for anulment is filed in Delhi court and it is in this case Sunita has requested for maintainance charges.  All paperwork has been given to Delhi lawyers and now my father and I dont have any confidence on our lawyer.  There have been several dates and Sunita simply doesnt turn up to court and the judge keeps on postponing the dates.

She has clearly comitted a crime of bigamy yet the courts are asking for my father for his assets.  We were under the impression that since the marriage is void, it will be anulled and surely didnt expect the judge to order my father to declare his assets.

The judge ordered my father to show his assets in 3 weeks time and my father cannot attend now due to health problems, he has however sent a sick note to the courts.

Even after reading the sick note, the judge still demanded my father appear within 3 weeks.  We dont understand whats going on.  Could it also be possible our lawyer perhaps have joined forces with the opposite lawyer?

 

Isaac Gabriel (Advocate)     08 October 2009

Your apprehensions are genuine.But once filed a case,pleading, presenting, and arguing are the prerogatives to achieve reasults.Your case is based on facts which could be appraised during arguments to get rid of the troubles.

ramprasad reddy. pottipati (Lawyer)     08 November 2009

sir,

the facts of ur father clearly applicable for bigamy and also for this reason the marriage can be annuled since  the subsistance of first marriage andshe married 2nd time to ur father as her husbanad alive. so she can also held punishable under section 494 IPC with regard to the payment of maintainance she is not eligible, strictly speaking she is no more a wife to ur father as she suppressed earlier marriage.

                                                                   prasad

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 November 2009

Manoj ji,

Send the copy of your case filed earlier then our team will tract the case and tell u the exact postion and thereafter i m sure after few months, he will get divorce without any problem. But first send all the documents urself or ask ur lawyer to handover the file to our team. We deal Punjab, Chandigarh, Delhi and other states.

Regards

adv.kamal.grover@gmail.com

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query