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VK   21 February 2016

Married man living with widow without divorce to his wife

Hello Legal Experts, I need some help. A married man from Hyderabadfrwho has kids lived with widow completely without giving divorce to his wife. He neglected his family and didn’t support financially. This man sold his house where his family was living and bought an apartment with that amount with joint registration of that person and widow. Recently, the man has died and the widow has changed the apartment’s registration to her name, now she has become single owner of that apartment.

Which section of Hindu Marriage Act can punish the widow since she lived with a married man who hasn’t divorced to his wife?

How to punish the widow for changing the registration of that apartment on to her name and transferring bank’s Fixed Deposits accounts to her name?

Thanks in advance for your helpful suggestion.



Learning

 17 Replies

Vijay Raj Mahajan (Advocate)     21 February 2016

There is no provision under the Hindu Marriage Act,1955 for punishing the widow, she never married this married man but lived in relationship during his lifetime, his wife could have sought divorce from the man on this ground and even claimed her right of alimony and residence from him but this was not so and after his death her right cannot be claimed against a third person which is this woman.

Yes if there exist sufficient evidence that the bank balance amount and registration of the immovable property (Flat) were in the name of the deceased married man the widow (first wife) and her children only have right to claim these as his lawful heirs under the Hindu Succession Act,1956.

The widow had got the name of the deceased married man removed from the property and bank account will not make her sole owner of these, even if she had her joint name in these the half of these will still be considered as properties of the deceased man on which only his widow and children as lawful heirs have claim.

A civil suit claiming their share in the properties of the deceased should be filed in the civil court by the heirs of the deceased man.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 February 2016

Yes I support the views and suggestions of Adv Mahajan

Dr J C Vashista (Advocate)     21 February 2016

Well advised by expert Mr. Vijay Raj Mahajan.

The widow did not comit any offence to establish a live-in-relation with the person (since deceased); buying a flat as co-owner with him and getting the same transferred in her name as sole titleholder.

Collect evidences to prove that the deceased (husband/father of children) has used the proceeds of house to purchase the flat with the widow, consult a local prudent lawyer and proceed, you may get "something".  

Dr J C Vashista (Advocate)     21 February 2016

Well advised by expert Mr. Vijay Raj Mahajan.

The widow did not comit any offence to establish a live-in-relation with the person (since deceased); buying a flat as co-owner with him and getting the same transferred in her name as sole titleholder.

Collect evidences to prove that the deceased (husband/father of children) has used the proceeds of house to purchase the flat with the widow, consult a local prudent lawyer and proceed, you may get "something".  

help   21 February 2016

hello expert,me and my wife seperate around 8 yrs and after seperation she applied divorce case against me and after 6 yrs of divorce fight  we both agreed for mutual divorce than we agreed custody of girl child with mom because from birth she was with mom and child is attached to her and my ex is also and  i got the visitaion. when i go to visit my child she is not ready to come....my question is that my ex-wife is going to marry can i get the custody of my child that she is going to marry? can give me the suggestion

Dr J C Vashista (Advocate)     21 February 2016

Yes, if your ex-wife agree and the child is ready to join you, you can have custody, consult your lawyer who knows very well about the facts of the case.

help   21 February 2016

Both are attached to each other and she will never give custody and my daugter is not coming near to me in this case what to do and she is going to marry another person

 

help   21 February 2016

can i put a case that she is going to marry another person and get custody of child

 

help   21 February 2016

can u tell me what to do

 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 February 2016

Mr VK the; original querist U have been aptly advised by Dr Vasistha too, act accordingly. The other intruder into this query "Help" even though UR divorced wife remarries, U can have the custody of the child only if she is willing to join U,the divorced wife foregoes her right over the girl child once she remarried.UR remarriage will also be a hurdle especially while claiming the custody of the girl child.Hence rely on a competent local lawyer.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 February 2016

Filling a case for custody of a girl hechild will not be fruitful if U remarry.As both of U are certain to get remarried, its the discretion of the child whether to live with mother or father.Even if U remarry UR responsibilities towards her continues till she settles in life.

KS Johal   21 February 2016

Estly I must say thank you to Advocate Mahajan. Well done and your comments are very valuable. Secondly the person named 'help' is not doing the right thing by helping himself. He should have raised his issue within another stream within the same forum. Here we are trying to tackle 2 issues with the first one taking precedence. HELP - my advice to you is that even though you have agreed on a mutual divorce and that you have visitation with your child. Your question is that if your ex wife remarries and whether you will get custody of your child or not. This will depend on your circumstances as well as that of your ex wife. Firstly you would need to make an application of residential custody stating exactly what you have told us. You would need to state that in the interests of my daughter I apply for residential custody and that my daughter will be at a disadvantage if my ex wife remarries. You would need to prove this and your own financial status. Because originally you may have not kept your daughter with you due to your financial status. You also will need to give reasons why you did not ask to keep your daughter in the first place. It can also be seen that your mum is also helping out with the child. This proves that both of you may be incapable of keeping the child. You have to give solid reasons why you as the father will keep your daughter. Your ex wife will argue that she will provide a stable home for her daughter in every possible way i.e education growing up going on trips etc. I hope this helps to some extent and I hope that you are genuinely seeking to Reside with your daughter and to bring her up as a good individual with pleasant characteristics and that you will provide her with good education and good moral values in Society.

VK   21 February 2016

Mr. Vijay Raj Mahajan &  Dr J C Vashista, 

    Thanks for your valuable information. The user ‘help’ intruded in to my question and confused it. Sorry, some correction to my question. Actually, the widow has married this married man, but not just in relationship. What is your suggestion in this case, please? 

 

Dr J C Vashista (Advocate)     22 February 2016

Marrying an already married person (subsisting his marriage) is an offence u/s 494 IPC, the woman (married earlier) should collect evidence to the effect that her husband got re-married he shall be punished as per law, presumably the couple is professing Hinduism..

After filing of the complaint/application/petition u/s 494 IPC the wife (early married) should move for maintenance for herself as well as children, which they are socially, morally as well as legally entitled.

The lady (married early) should consult and engage a local prudent lawyer for proper guidance, advise and proceeding.


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