Second marriage
N.Damodaram Naidu
(Querist) 23 April 2015
This query is : Resolved
Dear sirs,
We have been facing a severe problem. Can any body help us to overcome? We will be grateful for ever.
My cousin got arranged marriage 15 years ago and now have two children aged 14 years and 12 years. He is a business man and used to travel outstations on work. Two years back we came to know that her husband has an illegal contact with an unmarried lady for the last 7 years and that lady got two sons by him. We have all evidences.
We asked him to leave that lady and to look after my cousin well. He promised us to leave that lady permanently and asked us some time to settle the matter. Since then we believed him. But recently we came to know that he is maintaining a family with her in another place. We contacted that lady through phone and asked her to leave him. We prayed her a lot not to spoil the life of my cousin and offered sufficient money for maintenance of her two children. She paid a deaf year and replied that she will not leave him. She told that she married him 7years back.
We came to know that she conceived as a result of illegal contact with him and her parents forcefully done the marriage after her conception by blackmailing filing of a police case.
Now the question is how can we cut that relation and save the life of my cousin? How can we take action against them legally if necessary?
M.Sheik Mohammed Ali
(Expert) 23 April 2015
as per your query, its critical to solve the issue, best way you can amicably settled, or your side first give police complaint for threatening in second wife.
Devajyoti Barman
(Expert) 24 April 2015
Since it is a bigamy and maintaining an extramarital affair as well, your cousin has a good ground for divorce.
She can file case under 498A as well and also under PWDV Act. The man should not be let free at any cost.
Rajendra K Goyal
(Expert) 24 April 2015
After such a long relation the second lady may not leave. Your cousin may not be able to get her due at this stage.
In such case, she can seek divorce and start new life. Should file cases u/s 498A, DVAct, maintenance. May lodge bigamy complaint.
malipeddi jaggarao
(Expert) 24 April 2015
It is really pity that even after knowing the full facts, still you wish to save marriage of your cusion. The other lady also would have believed him and will she leave him simply on your begging?
Whether the man is a Government Employee? You have to get the clear evidence of second marriage. Definitely he would have married her in some temple or so. Tactfully obtain details and documentary evidence. Like in the School, this man might be representing as father of those children. If he is a Government Employee, you can even inform his employer with all evidence. His job will be at stake. You should leash out stern warnings that he would loose his job, or all types of criminal cases criminal cases under 498-a etc., will be slapped on him. Your cusion should also seek maintenance and divorce. First leash the threats. He will come to an understand. If not, better to leave such relationships where there is no love and affection and fight for justice like punishment to him, maintenance and divorce. Stubbornness only will deliver the goods in such cases. Not smooth handling. Wishing you the best.
ajay sethi
(Expert) 24 April 2015
agree with Mr barman
SAINATH DEVALLA
(Expert) 24 April 2015
Now at this point of time the husband will not leave his live in relationship, and moreover that lady too will not compromise after 2 children.
A woman will accept anything but not bigamy by her husband.Hence instead shelling down money to that lady,better ask UR cousin to file divorce and she will get it without too many hassles.
Dr J C Vashista
(Expert) 25 April 2015
Well advised by experts.
However, the man is having extra marital affair and live-in relation with the other lady and not married, therefore, it would not attract the provisions of bigamy.
Advise your cousin to obtain divorce and maintenance forget and forgive her husband and lead a peaceful carefree residual life.
Biswanath Roy
(Expert) 30 April 2015
I DO NOT PRESCRIBE DIVORCE AS A REMEDIAL MEASURE IN THE PRESENT SCENARIO RATHER IT WILL CREATE SOME BITTER RELATION IN BETWEEN YOUR COUSIN AND HER HUSBAND AFTER COMPLETING LONG 12 YEARS OF MARRIED LIFE ALSO IT WILL CAUSE A BAD IMPACT UPON THE TEENAGER SONS. ON THE OTHER HAND NEITHER THE SECOND WIFE (?) NOR YOUR COUSIN'S HUSBAND CAN GIVE UP HIS LONGSTANDING RELATIONS OF 7 YEARS WITH THE SECOND LADY. SO KEEPING SILENCE IS THE ONLY REMEDY.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
