Sidhant Talwar (.) 30 July 2014

Separately from my husband for 20 need help on a issue

Hi,

I Punam Talwar am married but have been living away from my Husband for the last 20 years and have recently come to know about his whereabouts .

I would like to know what i could do the case is that he has remarried and has a son

Even i have a son an would like to sue him for bigamy and also possibly divorce him and also get a claim on his assets as I am his legal wife and he has remarried without a lawful divorce . We have been living apart since the first year of marriage need urgent help could u advise me on the same .

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9 Replies

Shantanu Wavhal (Worker) 30 July 2014

the husband's 2nd marriage is null and void.

u can file IPC 494 - private complaint

u can also get divorce on this ground, if u want.

his bigamous conduct will impose higher alimony / maintenance upon him.

u and ur son have all the lawful rights to property.

but be informed that the second son is NOT illegitimate child, though the second wife IS illegitimate wife.

there are several case laws on this.

Sidhant Talwar (.) 30 July 2014

What are case laws if u may.....

Sidhant Talwar (.) 30 July 2014

Shantanu Wavhal (Worker) 31 July 2014

1) no proofs are required to file bigamy complaint - SC

proofs will be required later, for framing of charges and convictions.

2) both the ceremonial marriage have to be proven for getting conviction.

the offense is bailable, compoundable with the permission of court.

ipc sections 109, 34, 417 can be added along with ipc 494

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 July 2014

Dear Querist You can file a complaint under section 494of ipc against him before criminal court. You can file a maintenance case against him under section 125 of crpc. For claim alimony from him you have to file a divorce case against him under section 13 ( 1 ) of Hindu Marriage Act along with the application under Section 24/25 of Hindu Marriage Act. If the property is his self erning property then you or your son have no rights except right to resident. For this you can file a complaint under section 12 of domestic violence act.

Deenupriya (--) 10 August 2014

I can suggest you a lawyer who help me in my worst matrimonial dispute. And at that moment of time when everyone raise his hand. Her name is Adv SOPHIYA 9718983434

All is NOT well (Harrased by Biased Laws) 19 August 2014

Why you just woke up after 20 years of living seprately, getting frustated with Bigamy and looking at his assets now?

Shantanu Wavhal (Worker) 19 August 2014

all is NOT well,

there is no limitation for filing Bigamy case

why cant she avail the legal remedy available to her ?.

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rebellion (fighting against bias law) 27 August 2014

@Author

20 Yrs is big time might be he has applied for divorce and got ex party divorce after publishing newspaper notice for summon as you said you were not aware about his whereabouts in similar way he also not have your.

This is just my thought experts can comment with valid view points.