Vickey 02 April 2016

Its compliated

hi,

As the title states.. its a complicated situtation...

My friend went into a relationship with a girl who was already married, but her husband went to US and never returned. last communication was in 2008 they had a livin relation ship. and have a son too.

She had filed for diorce but neither boys family accepted it nor the boy was reachable.

now my friend is in australlia for higher studies, and the firt husband unfortunatly has returned and has filed a case of second marriage..

the girl is not married but in livin relationship, she asked for divorce but he is not giving,, she said in that case, let me be with you, he dosent want that too, but harrasing he with dates, calling to police station etc. etc.

my queries are:

1) what is her legal stand here?
2) the husband nethir wants to divorce her, nor want to leave her, what can she do?
3) 8 years there was no comunication what can this count for?
4) 8 year there was no support financia/emotional from husband or husband's family what can this account for?
5) the husband is forcing and saying second marriage but there is no marriage but a child. and current partner is in australlia, which the husband dosent know about.
6) she had to put up with all this harrasment, and repeated calling to policestation etc.
7) the husband is here in india for unknown reason, we dont even know his motives for doing this a the girl and family are not financial sound so cant think Money could be motive
8) what is her legal stand?
9) we suspect that he was married in US to get his Greencard? what is the best & trusted way to get his US details as we know that there are many sites claming to provide personal details but what will be legally acepted?

Thanks
Vickey

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(Guest)

Contact me,at my mail id:::: juristybcreddy@gmail.com ..in case u need legal help.....regrds......BALACHANDER REDDY,ADVOCATE

Vijay Raj Mahajan (Advocate) 02 April 2016

Let this woman seek dissolution of marriage on the ground of desertion for more than 8 years and cruelty from her first husband.

As far her having child from relationship outside her marriage is concerned that is another issue neither it is an offence of bigamy under section 494,495 IPC as you state she was just in relationship not married the man and nor it will be punishable offence for her for adultery under section 497 IPC.

The first husband too can seek divorce on the ground of her adultery with another man that made her to give birth to the child that is maximum he can do.

The visa or immigration details of the husband can be sought from the US immigration department, if he has remarried in USA that too can be checked and confirmed if there is contact in USA for this lady to help her out. The US Websites are quite helpful in providing lot of information about the people living there who have being working out their administrative/judicial cases in USA with various departments. Check out for the website of the States in USA where the husband had been living till date.

As far the Indian Police is concerned, they are the dogs of the society just waiting for their bones nothing more they can do in this case.

KS Johal 02 April 2016

Vijay Raj Mahajan have given you sound Advice. Regarding finding out whether your first husband got married in the USA or not? You can contact the USA embassy in India and try to explain the situation to them and ask them that you need to know whether your husband got remarried in the USA with regards to obtaining a green card. They will help you because it is in their interest if people are obtaining green card by making false declarations and trying to cheat the USA government. In order to accelerate this I suggest if you have got evidence that you have got married with your first husband I would also include that or provide that even if they do not ask for it. Thanks Ks Johal