Can I file case against lady who get married with my father
ravindra kumar
(Querist) 20 November 2015
This query is : Resolved
Dear experts, a lady got married with my father 22 years back though she knew the fact that my father had a family .and no divorce has been made between my parents. My mother died in 2009 ,can I file case against that lady.that lady have 21 years daughter too with my father. Regards
Rahul
Guest
(Expert) 20 November 2015
Why lady, why not file case against your own father, who had a living wife and family also, but married her ignoring you people?
Sudhir Kumar, Advocate
(Expert) 20 November 2015
are you the same person who made query at http://www.lawyersclubindia.com/experts/can-i-file-case-under-sec-494-and-495-of-IPC-against-my-father-after-the-death-of-my-mother--570996.asp#.Vk9Gem7K2xk seeking view how to file case against father
Sudhir Kumar, Advocate
(Expert) 21 November 2015
your mother could have filed case against both during her lifietime.
Are you aware what true/false cases can she file against you with/without help of your father?
P. Venu
(Expert) 21 November 2015
Was your mother aware of the marriage?
Guest
(Expert) 21 November 2015
The Daughter is Obviously an Illegitimate Child and She Or her Mother Could have No Legal Rights.Consult A Local Good Advocate and Safe Guard your Interest Legally.
Guest
(Expert) 21 November 2015
If you have any real problem from the second wife of your father, you have not given any cogent reason to file a case against your step mother and the object to be achieved by doing so. The question arises, why do you want to file a case against your step mother?
Guest
(Expert) 21 November 2015
Dear author an Illegal Lady can not branded as Step Mother Please.
Advocate. Arunagiri
(Expert) 23 November 2015
Under the Hindu Marriage Act (HMA), illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral.
U/s 16 (1) and 16 (2), it was expressly declared that children born in a void or voidable marriage, (viz. second marriage) should be legitimate.
In your case, the girl born to your bother is entitled for share on the properties of your father.
Advocate. Arunagiri
(Expert) 23 November 2015
I agree with Mr.NJS Rajkumar on his point, that
"an Illegal Lady can not branded as Step Mother".
T. Kalaiselvan, Advocate 
(Expert) 26 November 2015
I slightly disagree with the views of expert Mr. Arunagiri that the children born out of such illicit intimacy are not entitled to a share in the ancestral properties.
Advocate. Arunagiri
(Expert) 26 November 2015
Mr.Kalaiselvan
Thank you for response on my opinion.
I have formed my opinion on various case laws and HMA 16/3.
I am giving some of the case laws Which i rely upon.
Supreme Court
Jinia Keotin & Ors vs Kumar Sitaram Manjhi & Ors on 20 December, 2002
Supreme Court
Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011
Madras High Court
Baby @ Rohini (Deceased) vs Kamalam Kumerasan on 5 August, 2015
Guest
(Expert) 26 November 2015
Mr.Arunagiri is Right and that is the Reason I had Advised the Author to take Precautionary Legal Steps to Deny the Claims.
