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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..


 



 19 Replies


(Guest)

Hi,

As you say, you have the evidence to prove that she was married 4 months before she got married to your father.  If it is so, then the married is automatically void.  Also, if you can prove that she left your father to India and does not come back for 4 years.  You have an advantage!

If you furnish substantial evidence to prove her marriage, you can get rid of this problem ASAP.

I am just a student, there are some experts, letz wait to hear from them as well.!

 

 

 

Suchitra. S (Advocate)     07 October 2009

If you can prove that Sunitha has married your dad while her first husband was alive, then her second marriage will become void under S.11 of HMA. and so, your dad need not provide her maintenance.And if she can prove that she was a divorcee when she got married to your dad, then your dad has to provide her maintenance.

Suchitra. S (Advocate)     07 October 2009

Manoj, file a case for annullment of marriage frome the court first, and then you can avoid giving maintenance to Sunitha.

manoj (d)     07 October 2009

Thank you so much.I cant seem to write anything on the forum in a reply it keeps saying message to short.

Sunita was not divorced when she married my father.  we have filed a anulment case and its within this case, in their defence where sunita is asking for maintainance.  And away from the courts she is calling me and demanding rs6 lakhs to settle out of court or she will ruin us.

We are confused why the judge demanded my fathers accounts when it is us who filed the case.

Suchitra. S (Advocate)     07 October 2009

Manoj,

I pity your state of things. I suggest you to ask this query in experts section wherein there are experts who can guide you better. I think you people are trapped in the hands of advocate.

manoj (d)     07 October 2009

How and where do I ask experts? I thought they will see it here..

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 October 2009

Dear Manoj,

Suchitra is right that ur father should file a case for the annulment of marriage, but he can't avoid to provide maintenance to Sunita. As per the judgment of SC, a concubine is also entitled for the maintenence and Sunita got married with your father and lived with him as a wife.

manoj (d)     08 October 2009

Even though the marriage was Bigamy?  What steps can we or should we take?

Suchitra. S (Advocate)     08 October 2009

Manoj,

Law is more of commonsense. Live in relationships,  being a concubine is not an offence. So, SC has allowed maintenance in those cases. But a married person getting married to another while the first marriage subsists, makes the marrage void. As a wife, she cant ask for maintenace in this case, obviously.

manoj (d)     08 October 2009

I understand. Thank you. What is SC?

manoj (d)     08 October 2009

And could you recomend me a good lawyer in Delhi who knows about these type of cases please.


(Guest)

Pardon me if I am wrong.  If the facts narrated by Manoj are true, Here we are dealing with a lady who got re-married to a man while she was married to another man.  So, here we are dealing only with a bigamy than a concubine relationship, where marraige does not exists.  Do I make some sense?

 

 

Suchitra. S (Advocate)     08 October 2009

Supreme Court. Also kwon as Apex court of India.


(Guest)

Hi Manoj,

Maintenance Under Section 125 Of The Code Of Criminal Procedure

No wife shall be entitled to receive an allowance from her husband if:

  1. She is living in adultery, or
  2. Without any sufficient reason she refuses to live with her husband, or
  3. They are living separately by mutual consent

 


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