Bigamy/ domestic violence
Geetanjali
(Querist) 06 March 2012
This query is : Resolved
Dear Sir/Madam...I was married in 1994 and in 1995 i gave birth to a son. I was living with my husband and in-laws in the house which was a self acquired property of my father-in-law. In 2000, father-in-law turned me, my son and my husband out of the house and disowned my husband and also made a registered will passing on his entire moveable and immoveable property in the name of his daughter, my husband's sister. My husband got agitated and frustrated after this and used to blame me for this. As a result, our relationship deteriorated and he filed a separation case against me in 2001 . We were staying in the rented house then. After the separation case, my husband left me and my son and went to live in another rented accommodation. I could not afford to pay the rent and so I had to move out to my Parents house along with my son. In 2003, my husband converted the petition of judicial separation into petition of divorce on grounds of cruelty. In the mean time, in 2006, my father-in-law expired and my husband being the only son moved into the palatial house to look after his mother. My husband continued to pay me maintenance of a paltry amount of 3000 every month since the time we separated. In 2008, the trial court granted divorce to my husband and I filed the appeal against the judgment and also filed a petition disabling my husband to marry again in the high court. My husband now has remarried and is staying with his second wife and her daughter in his mothers home. I have failed to gather any proof of his second marriage as I learn that he married this lady in some temple and has not left any proof. I want your advice on whether:
1. Can my son claim anything from my husband or my inlaws. My son is going to be a major next month. ( My husband has shown no income in the returns and has shown himself unemployed and surviving on income of my mother-in-law and also he has no property in his name). However, my in-laws have huge properties and lands in crores. My husband , as directed by high court, is paying me 3500 every month which is inadequate for me and my son as I have to incur many expenses for our survival and for his education
2. How can I get my husband punished in bigamy in absence of any proof of his second marriage. Is living with this lady not a proof of his second marriage.
3. Can I take shelter in my husband's home( now my sister-in-law's) home under domestic violence act .
Please advice
Regards
Geetanjali
ajay sethi
(Expert) 06 March 2012
contact a detective agency . you will get all the proofs you want of his second marriage.
yo ought to have made application for modification of maintenance amount . obtain his income tax returns if any .
if family has properties worth crores then your husband must be getting soem rental income also .
Geetanjali
(Querist) 06 March 2012
i think you did not read what i wrote carefully regarding my fatherinlaw's will...my husbands income tax etc...thanks any ways
Adv.R.P.Chugh
(Expert) 06 March 2012
Ms.Sanjana,
First of all - your father in law could not have deprived your child by means of a will, it is a wrong perception that if it is his self acquired property he can - as soon as a grand-child was born to him - it turned into an ancestral property in the hands of your child. And a definite share vested in your child as an equal coparcenor. He can file a suit for partition (since he is a minor you can as his next friend) or if he is turning major you can file afterwards - till he is 21. and get his share culled out. The will does not take effect insofar as it deprives your child of his legitimate interest.
2) I am at a loss to understand how could he remarry, a person cannot remarry after atleast the time limit for an appeal runs out - and in this he got married after appeal was entertained this is impermissible - I am not sure why court did not entertain your prayer for a stay. As soon as appeal is admitted.
3) Bigamy charges are difficult to prove but not altogether impossible.
Feel free to ask for any clarifications !
Bharat
R.K Nanda
(Expert) 06 March 2012
If high court has not granted stay in ur favour then he can re-marry .ur son have
one share in said ancestral property.
Bigamy is difficult to prove.
u cannot take shelter in ur husband home now.
Shonee Kapoor
(Expert) 06 March 2012
I disagree your son has no claim in the said property.
If your appeal is admitted he could not have married.
Take help of detectives.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
