Bigamy commited by women
Querist :
Anonymous
(Querist) 02 November 2011
This query is : Resolved
Respected Experts,
Background:
A Hindu woman married a Hindu man according to customs and traditions and spent her marital life with him for more than 2months.After that she abondoned him and married another person by hiding all the facts about first marriage.
Before the second marriage,the first husband filed an injunction for restraining her to marry anyother person until further orders.Inspite of the Injunction by refusing it she married another person and finally he came to know about the first marriage and he filed a Null and void,420,494,495 against her.
Finally the first marriage was proved.As first marriage is in subsistance,the second marriage was declared as null and void.
Now the questions are as follows
1.Now the first husband's relief should be divorce or voidable
2.if divorce,the first husband has to pay maintenance to her.
3.what are the other precautions,first husband can take to come out of this situation.
4.what are the cases that can be filed by the first husband to get away from her.
Thanks in advance for your suggestions.
ajay sethi
(Expert) 02 November 2011
he should file for divorce as wife married during subsistence of first maariage .
you may not be liable to pay maintenace as she remarried
dont indulge in multiplicity of legal proceedings . you have a good case . get divorced
Sankaranarayanan
(Expert) 02 November 2011
yes i agreed with sethi,s opinion. Law is equal for both sex ( male and female)
Querist :
Anonymous
(Querist) 02 November 2011
he may or he should not be liable for maintenance????
Raj Kumar Makkad
(Expert) 02 November 2011
First marriage is not voidable rather he should go for divorce on the bases of bigamy and during the pendancy of petition, he has to pay maintenance but once his petition is decreed, he is not liable to pay even a single penny.
Kiran Kumar
(Expert) 02 November 2011
well advised by Mr. Sethi.
Querist :
Anonymous
(Querist) 02 November 2011
Maintenance is applicable till he gets a divorce decree till that he has to pay interim maintenance and there is no need of permanent maintenance.If so,
1.can you please share the citations or case laws or sections under which permanent maintenance is not applicable
2.If already court decides that she has committed bigamy why need of interim maintenance.
3.How far 498A,DVC and other cases are applicable to the first husband.
4.From the starting she is claiming the first marriage has not taken place in this case how can she claim maintenance.
Please suggest kindly.
Shonee Kapoor
(Expert) 02 November 2011
hmmm, so she has filed all the said cases as well.
be in touch with local SIFF or contact the undersigned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
