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Sundari (atreytr)     25 January 2013

Husband should be punished for bigamy

Sir,

Ours is an arranged marriage under Hindu Marriage Act. The chances of us to reconcile in nil. We lived together for hardly six months but separated for 5 yrs. we have a daughter.

He continued to stay in US and I came back to India after the conflict.  He has had a relationship with a lady before marriage, now I want to punish him under Bigamy. I have a photo of him with a lady and a kid.  Say like a family photo where they both are holding the kid together. Is this evidence sufficient to punish him?

Even his parents are not aware that he has a family in US. Now they trying to cover up everything. Let me know whether there are any other cases that I can file aganist him apart from DV, Divorce, maintenance, compensation etc. He has come to India for a month and i don't want to loose time. I want him behind bars before he escapes to US. I want him to be punished for his deeds.


Thank you



Learning

 6 Replies

rajoo (exec)     25 January 2013

hi,

sorry to hear about your plight, however i want to ask you, revenge is alright, as it is a natural reaction of any person, however, have you thought how much time, energy, your youth, your money, your peace of mind and what not, you will be wasting just to seek revenge, at the end of the day, what will you gain in your personal capacity? running aroung to take revenge will only give you a big headache and pain, your wasted years will not be gained back, better to rethink and move on in life, and enjoy whatever is left of life....instead of seeking hollow satisfaction from revenge. rest is upto you to decide

Msk-need -nuetral- laws (self)     25 January 2013

Sundari,

Just total waste of time from your side

1) Any bigamy charge, the burden lies on the pettioner/wife to proove the marriage with r said person. How will you proove that. The proofs you quoted is inadeqaute,

2) Lawyers will ask you to file 498a and DV and after 6 years if you do when you had no domestic relation and you only stand as fool in court at this point

3) Only you can claim maintenance for your child.

4) all other cases of criminal nature to be filed within 2 years as you past that time, no chance now. Only money and time wastage.

Rudra (ahmedabad)     25 January 2013

Dear Sundari,


Sorry to hear that, I understood the advices you have received from my friends; and I am truly with them but I would like to suggest something. ‘Always do what your heart says’ 

The best is not to do anything but if you think that by doing this you will be satisfied then it’s worth doing it because you have waited 5 years and there is no genuine relationship between you both but the truth is he is enjoying his life and you are getting thinner in anger and taking all the pity from family & friends.  I am not instigating to do any such thing but by doing it you will be satisfied mentally, you are in a condition where either you still love him and you want him by any how (but legally) or you are real frustrated from the situation you are in at the moment. I know it’s hard to forgive or forget and I understand that guys situation as well but there are no feelings for you in his heart, so it’s not worth trying to get him any how and with the other option if you are frustrated then move on in life because life never stands at one place believe in karma and forgive the person. 

Ok this is my first opinion, am practicing in UK as a solicitor in immigration law, as you have said you have been in USA for 6 months and now that there are no relations between you both since 4.5 years but if you wish then you can go to USA and file your case against him as there will be more chances for you under USA law and more chances under human rights to let u stay in that country if you wish to stay there but for all this you will need a strong criminal lawyer in India and a good lawyer in USA. (Which I think you can manage)

Wish you good luck in future, God bless you

Rudra

Msk-need -nuetral- laws (self)     25 January 2013

In US absolutely no chance on the ground of desertion!!  Remember she left her on her own, and US not inida where you have all stupid DV, 498a , 497, 494 biased laws to threaten. Again total waste of time

Chetan Joshi (Advisory/Advocacy)     26 January 2013

....Do you have sufficient proofs for his second marriage...You are eligible for maintainence for both the child and you...Are you employed?..

 

 

Do not file a DV as it will create a mockery on the grounds of domestic relationship...You have 498a IPC as a measure against the husband and his family....Devise a strategy with a professional...

 

 

Make an informed and wise decision....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 

Harsh (Manager)     28 January 2013

Chetan -  498a suggestion to 'get even' with husband? and his family? may be you should add relatives

and also friends ;) and that kid in that photo.

Author herself mentions "Even his parents are not aware.." Please dont recommend a false 498a; I am sure

that is not the purpose of this open forum.


There should be a '498b' to get even with erring wives.

Girls today are more modern than many men.


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