Oliullah Sardar (Coordinator) 08 March 2011

Rules n law for further marriage

Hi, My mom died three years back in diabetic problem. My father got his third married (in the time my mom was alive) in which the woman is having four kids of her previous husbands and make my father convinced to get married. my family says that my father has given divorce to my mother but she did not rcv any paper. Now this lady is making lots of troubles with us (me, my sister), she is feeding her big kids with my dads money and torturing us by taking goods from our home and putting wrong words in my dad ear. my dad said he will divorce her but she is blakmalling him. now my dad got full convince of her and doing good with us. I need to know that can i make any case against this lady for torturing and if i do that then will my dad has right to reject me as his son? who has the right on my dad property. me/my sister or that woman previous kids?

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3 Replies

Adv. Smita (advocate) 08 March 2011

see 1st u confirm whether the marraige with that women is legal or not, legally speaking if 1st marraige survives then 2nd marraige itself becomes illegal, null, void and having no legal rights with your father's property and if ur father is good to you then convince him to distribute his property /shares to you and ur sister by registering the same then that women can do nothing because its ur father's wish to give property to whom.

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snow (xxxxxxxx) 09 March 2011

Hi,

How did u come to know that ur father had divorced ur mother. First find out that, in case ur father ha really divorced ur mother u cannot file any case against her,but if she is torturing u and if u have proof about that probably u can d something about that.

In case, if she is not ur fathers wife legally(if ur father had not divorced ur mother)then she will not have any right on ur fathers property if he is not will to give her any share neither her kids will have any right as they r not born to ur father. u and ur sister are right full hires of ur fathers property.

All the big advocate heads sitting over there correct me if I am wrong.

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Oliullah Sardar (Coordinator) 09 March 2011

Adv Smita,

Thanks for your reply, I need to know that whether a woman can take divorce or can ask for divorce to her husband. As per my concern that woman's previous husband did not gave her any divorce and my mother did not receive any divorce letter. Is it possible that one dont recieve any divorce letter then it legal?

Snow,

Sorry i commented in your thread without knowing. is divorce is leagl as my mother did not rcv any letter from my father and father dont have such letter that my mother having signature? that woman also having husband who did not gave her any divorce... so do i have any way to proceed to case a file against her? she has made illegal papers to stay in India and have changed her name also and i have proof of it.