second marriage without divorce
alok dubey
(Querist) 03 May 2011
This query is : Resolved
namaskar experts.this is regarding my sister.she got married on 03NOV,2003.her husband and in laws was not happy with marriage because they want more dowry as they got in marriage of his elder son,working in railway in mumbai.my sister husband and his family member told my family that he was working in a private company at SILVASA.my father is a govt teacher and he take loan from his PF and relatives and give 3 lac demand draft (2 lac in name of my brother in law and 1 lac in name of my sister and brother in law.i have photocopy of these DD)and other goods like tv,double bed,almirah,mobile phone...etc but my siter husband and in laws was not happy at all.so they didn't allow my sister to visit or talk to us.whenever i or my father went there to meet my sister her husband and in laws insult us.soon we come to know that my sister husband was not working any where.he is diploma engineering holder.he tortured my sister physically and mentally to take money from my father.my helpless and heart patient father did everything to please my sister in laws but failed.after 1 year my sister gave birth a baby.my father bear all medical expenses and my mother look after her.her in laws and husband didn't care about her.after baby birth they demanded gold chain,car and cash in "DUSTAUN" but my father couldn't fulfill their demands so my brother in law and her family forced my sister to leave their home.my father tried for compromise but they didn't agree.at last my father had to appeal in court in 2005 against my sister husband and her in laws in 498A,125.my father in laws has 120 bighas farming land and has only two son.my sister's husband has 20 bighas in his name we gave evidence about that in court.meanwhile my bother in law starts working in a private company in mumbai as engineer and getting 20 thousand but he wrote to court that he was unemployed.so lower court gave him order to pay my sister as maintenance 1600 rupees per month but he appeal in higher court against this decision.fasttrack court order him to pay 1000 rupees per month untill final decision.but after few month he stopped payment.i talk to his HR manager he admits verbally that my brother in law is working there and getting 20,000 rupees per months but deny to give any written evidence.now 125 case is pending in fastrack court and there was no judge from last 6 months meanwhile we come to know(my sister's in laws told our comman relatives )that my brother in laws got married second time in mumbai without divorce to my sister.we try to lodge police complaint but police want evidence unfortunatly we dont have.now he is not paying anything to my sister as maintenance. so i request you help us my sister and her 6 year old son get justice.
Advocate. Arunagiri
(Expert) 03 May 2011
How do you know that he got married. Your source of information is acceptable for the case registration. If the police is not accepting the case, file the complaint before the Magistrate.
Devajyoti Barman
(Expert) 03 May 2011
If the magistrate is not there then transfer the said case to another court.
Now during trial summon the HR person of the employer of your brother in law. Then they would be bound to give evidence of his salary.
For bigamy without proof you could do nothing.
Guest
(Expert) 03 May 2011
Wonder, a fast-track court but without a judge! Is not it like Rajdhani Express train without any locomotive attached to that?
Anyway, your question seems to be on second marriage without divorce, but the contents are about maintenance charges. So, please reply the question of Mr. Arunagiri necessary.
However, it may be mentioned that 2nd marriage without divorce is illegal.
Guest
(Expert) 03 May 2011
first get the proper proof of the second marriage and than file a complaint under section 494 of IPC and you ca move an application for transfer of the case.
alok dubey
(Querist) 24 May 2011
thanx expert.his close relatives and neighbours said that he got married.our lawyer send notice to hr manager of that company but he didn't reply.can we register compalaintin court about his second marriage without evidence? can we take help of mumbai police,local ngo or NCW to get evidence.
