LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gowtham R   25 August 2021

Divorce due to 2nd wife torchel

My mom got married in 1983 and she had no children for 10yrs. My dad married another women when my mom went to her dad's house and we came to know this after 2nd marriage. My dad family gave excuses like my mom accepted for 2nd marriage and she only said to marry another women. After somedays they compromised us to accept and live as family also my mom don't have any other hope. later 2nd wife gave birth and i also born. Now I'm 27yrs old and mom is 58. My stepmom tortured us for so many years and we adjusted for long time. She want her child upper to me like she have complexity issue. She tortured us many ways but no one there to help us those days. When i grown i forgive all things she did to us and told her let us live as good family for rest of life. I did many good things to her. But her complexity issue is not changed and she is spoiling me and my mom's life. My mom don't want to live this life and we both want to leave from them also from my dad. Now we asking to give our asset share and they are cheating us and not giving it to us. My mom is ready to give divorce. please advise us


 11 Replies

Dr J C Vashista (Advocate)     25 August 2021

Throughout the story, which is otherwise vague and confusing, I could make out is that your mother could not adjust with your stepmother, who is legally wedded wife (first wife) of your father and want to divorce him, isn't it ?

If so, let her (your mother) may move to appropriate court of law. Even otherwise, (presumably you are Hindus) second marriage of your father is illegal and invalid.

Be clear and specific, otherwise consult a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

1 Like

G.L.N. Prasad (Retired employee.)     25 August 2021

"Now I'm 27yrs old and mom is 58."

It means that your father may be 60years plus.  Please focus on your career and give comfort to your mother by taking her with you.  This is the only relief for her at the age of, after alleged torture by her husband and his second wife.  Be practical.


1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     25 August 2021

Nice Mr. Prasad

Gowtham R   25 August 2021

Yes, my father is now 67 and he is under control of my stepmother and her son. He is not taking care of us from childhood and now i have grown up. We are asked for asset partitioning but he is not giving us any. Stepmother tries to loot all to her son.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 August 2021

Is there any ancestral property your father inherited?

Or all assets are self acquired by your father?



Gowtham R   25 August 2021

It is ancestral property and no self earned property

G.L.N. Prasad (Retired employee.)     25 August 2021

These are the facts member has posted:

my father is now 67

My mom got married in 1983 and she had no children for 10yrs

mom is 58.

My dad family gave excuses like my mom accepted for 2nd marriage and she only said to marry another women.

2nd wife gave birth

My mom is ready to give divorce.

Now I'm 27yrs old I  have grown up. We are asked for asset partitioning but he is not giving us

We are asked for asset partitioning but he is not giving us

No one can deprive of your right and your mother's right to seek partition, by filing such suit for the partition after giving a notice.  But converting that 58years wife wishes to divorce 67 years old and seeking guidance stating of cruelty and ill-treatment now. may not appear proper and the Supreme court has ruled that Sec.498a should not be stated as the reason for maintenance or divorce and to seek partition.

The 27 year can contact a local advocate and can enforce his rights legally.  Stepmother has nothing to do with partition matters, as it is your 67 year father that is involved in the problem.

Who has perpetrated this unkindest situation?

For nonbelievers the society who is you and me and for believers the "Destiny" and the unseen God as we hold him responsible for everything.

Who are the victims?

A wife who could not conceive for ten years after marriage, as still, the society considers that procreation is the achievement and object in life.

A husband who takes the entire blame in society, as females are not confined to home, but while males who move out are tortured with unkind words doubting his potency, insulting him, and through which he is forced to demonstrate his competence through marriage.

Or the second wife, who accepted to marry an already married ten years back,  and to prove her husband's potency gave birth to a child.

Now the 27-year-old grown-up youth wants that his 58 years mother wanted a divorce from her 67 years husband and wants guidance on the partition of the property as the option for divorce is the wife's legal right, and seeking partition from 67-year-old father is the right of 27years son.

But advocating the cruelty of the second wife is not a relevant issue when the issue is very clear.  One can only pity her position if something happens to her 67 years husband as to who should take her of her at that age and take responsibility for their children in the future.  No one is aware of the situation that forced her to get married to an already married man, and it is natural to a mother to take care of her children's future or interests when there is fierce competition for the property.

The options to a 27-year son who wants partition, and 58 years wife to seek divorce are open.  Contact a local advocate for further guidance.

1 Like

Gowtham R   26 August 2021

Thanks for your clear feedback on this post @G.L.N. Prasad. Really thanks a lot for your time. I missed to add the cruelty did by my stepmom. Actually my stepmother is having son and we both are in same age 27. He is just 26days elder than me. She is having inferiority complex issue. Also she is aware that my dad is already married to a women. She accepted for marriage for my dad's wealth as she don't have father and they saw we are wealthy enough to marry. At that time she married my dad, my grandpa and all came home and there is quarrel in home due to it is secret marriage. Stepmom is angry due to this and she don't want us to live happily. She tried to kickout us from home by giving more torture in my childhood also to my mom. We don't have any other hope and my mom is uneducated who is dependent of her father before marriage and my dad after marriage. My stepmom gave torture like she don't allow me to call my mom as "mom" she didn't let me slp with my mother and she always tries to seperate me from her to cause hurt to my mom. Also she has complexity issue. She don't let me study in my childhood. She wants her son to be good n great in all. So don't allow me to do homeworks and to study. She torture us many ways and also torn my progress card. She always wants her son to be good and me 1 step behind him. Me and my mom has no one for hope and she is very innocent. Now stepmom tries to put more asset to her son and to leave us abandoned. Her mind not changed after given lots of advices to her by myself. I told all mistakes she did to my mom and me also she accepted it and asked to forgive it and she ll be good in balance life. but she not changed herself.

G.L.N. Prasad (Retired employee.)     26 August 2021


We have heard of fairy tales of Cinderalla and Snow-white since childhood and now we are in 'Bahubali" days and 'Kunti" "Yashodha" examples in our epics.

A stepmother may be cruel due to her 'insecure" feeling but not wicked as you and your mother are living.

These jealousy-like feelings exist even between our own siblings and every one of us is human.

These are not relevant to query as you can not bring back your childhood and focus on your future career.

Take away your mother and show her a life she has never seen in the past and give such comfortable life.

I am stopping here.  Thank you very much for not abusing me for expressing my sort of feeling.

P. Venu (Advocate)     26 August 2021

You are confusing facts with emotions or may be expectations. Your subsequent explanations your focus is on getting share of the property held by your father. However, the said property need not be ancestral just because your father had inherited. The property appears to be self acquired and your father can dispose of the same at his discretion. You and your mother are only legal heirs to the property, if any,  left intestate.

2 Like

Gowtham R   27 August 2021

Really thanks a lot for your words. Your points are really valuable to me @G.L.N. Prasad. i will follow same.
2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register