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Husband did second marriage what should i do?

Querist : Anonymous (Querist) 01 August 2018 This query is : Resolved 
My sister husband did second marriage even they have one child who is 11 year old. from Last one year he did not give any money and left them last one year. He always post his new wife pictures on social media and he says to my sister he will not Give any money and not take any responsibility towards her. Please suggest what should i do?
Vijay Raj Mahajan (Expert) 01 August 2018
File for maintenance for the wife and child against the husband under section 125 Cr. P. C.
If the wife is able to get evidence of actual marriage ceremony of the second marriage of her husband, (the website posting not sufficient) she can file direct criminal complaint against the husband under section 494 IPC with the judicial magistrate.
The case of divorce should be avoided for now unless the husband agree for paying permanent alimony and maintenance for wife and monthly maintenance for the child till the child complete the study and start earning.
Sudhir Kumar, Advocate (Expert) 01 August 2018
what your sister wants?
Querist : Anonymous (Querist) 01 August 2018
She wants maintenance for her and his child and also wants that law punished him for what he did
Guest (Expert) 01 August 2018
Its not easy to prove adultery, second marriage. Better to take mutual divorce and find someone else who is trustworthy. Court cases wont yield anything but dates, some more dates, fees to lawyer and you grow old.

Dont waste time behind revenge and punishing husband. If you were proper why would your husband run away from you?? Ever thought about that??
Asgher Mahdi (Expert) 02 August 2018
Lodge a bigamy case before the court with supportive documents of he being married to other women. She can also claim maintenance.It is prejudice to say, if already married this marriage cannot be annulled but lawfully your sister should claim separation or divorce. Rather, try to pacify things on the veracity of allegations.
Sudhir Kumar, Advocate (Expert) 03 August 2018
The forum may be enlightened if Ms Kamakshi could elaborate how "mutual divorce" can be possible without husband's consent.


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