Upgrad LLM

hindu marriage


Dear sir,

May brother-in-law is a serving army personnel and blessed with two children. All the necessary documentation had been done as per army rule. Now he has affair with some other lady and she claimed to be his wife. When I asked her two show her legal proof, she is not willing to show. My brother-in-law is playing dual game. I assume if he has married to lady who claims so. At this juncture I would like to know what may be the rite of his  first wife whose necessary documentation is available in army records. Thanking you in anticipation.

Sincerely yours

Pankaj

 
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Practicing Advocate

The first wife can prosecute the husband for bigamy. She can also claim maintainance from him.

 
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propra

First question to be decided...who's the first wife. It depends on dates of their marriage and proofs (Even though its not registered!!)

 

Records in army doesn't denote first wife (and if other lady had married before, then the records in army are false and 'another criminal case/court marshal may be made out')

 

Whoever is the first wife!!............can sue husband for bigamy (IPC 494 criminal offence) and divorce

Whoever is second wife rather second relationship!! Her marriage is void ...kids are legitimate and they have rights....she can claim maint under DV...and sue that male for  IPC 493, 495,  496 (criminal offences) and few other charges of fraud etc et.

 

This guy may lose his 'service in army'  as well on many accounts.


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Legal Consultant / Solicitor

I agree with Archana Madam. However want to add that your brother-in-law can be suspended based on the complaint given by first wife.


 
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Good Morning Madam,

This is Pankaj again. I would like to add some more details regarding my brother-in-law. He has enjoyed almost 7-8 years successful married life after that this affair happened. We suspect he is going to quit service within 6-7 months after completion of initial engagement of 15 years and will escape with the lady he has affair. Kindly guide me what should I do right now so that his wedded and children get some service benefits for survival? 

Thanking you...

 
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Good Morning Sir,

 

This is Pankaj again. I would like to add some more details regarding my brother-in-law. He has enjoyed almost 7-8 years successful married life after that this affair happened. We suspect he is going to quit service within 6-7 months after completion of initial engagement of 15 years and will escape with the lady he has affair. Kindly guide me what should I do right now so that his wedded and children get some service benefits for survival? 

Thanking you...

 
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This is Amit again :

 

Can a husband drag his wife's friend to court alleging that his wife has been s*xual relation with her friend after marraige? (Because it's an ground for the husband to filling a divorce petition against his wife.)

 

In the same time, can the wife drag to her friend alleging that her husband and friend together mentally depress & showing any type of ground?

 

If both are filling this type of petition, what can do by the friend?

 

There is any way to out from the case? what are the way and how to escape?

 

Once the case filed, it is mandatory that the friend will present before the magistrate? If not present, what the problem creates then?

 

The friend would be punished by magistrate ?

 
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NA

very very complicated scenario! 

 
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Dear Pankaj,

Instead of wasting precious time in enquiring how to save your sister and her children, you immediately contact an advocate to file a case under Domestic violence Act seeking the remedies available under the Act.  Filing bigamy case may be your choice, but it will not solve the problem of penury to your sister and her children.  Appropriate legal steps also required to be taken to freeze his reitrement benefits, till she gets sufficient share in those amounts.

warm regards,

prabhakar (Advocate-Delhi)

(M)9958670740

karlprabhakar@gmail.com


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Only first wife can prosecute the husband for bigamy.

 
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