Unaware of first marriage ad having domestic violence

Querist : Anonymous (Querist) 02 March 2023 This query is : Resolved
My dad married my mom from nepal almost 26 years ago and he works in CRPF as inspector... My mom was unaware of my dad first marriage my dad told my mom that he have given divorce to his first wife 5 years ago before marriage but when he brought my mom tho India she found first wife in house itslef.... After that me and my mom where forced to go to nepal back and when I was class 5 my father brought me from nepal but i have faced many domestic violence even my mom was not allowed to come back to. India and we faced many problems thought our life even domestic violence too so now my father is going get retirement thought his government job(CRPF) so now we know our dads habit so after his retirement he is not going to give us any things so do my mom and me have right for one house or do we have right in his pension

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Querist : Anonymous (Querist) 02 March 2023
I have much too write if any one can answer me pls let me know I have to ask many thing

Sudhir Kumar, Advocate (Expert) 02 March 2023
In case your father had another marriage before dissolution of first marriage then he can loose his govt job.

Dr J C Vashista (Expert) 02 March 2023
Your mother may collect evidence of first marriage of your father and file a case u/s 494 of Indian Penal Code, 1860, it is an offence where he is liable to 7 years imprisonment besides loosing CRPF service and its retiral benefits.
Consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Expert) 02 March 2023
26 years is too long a period. Moreover, what is the stand of your mother? Is she interested in pursuing remedy at present.

As to retirement benefits, there is no legal necessity that the employee concerned need to share or apportion them among the wife and/or children. Not being the legally wedded wife, your mother other would not be entitled for family pension (after your father's lifetime).

As to property, you are a legal heir to the property left intestate (but not your mother).

kavksatyanarayana (Expert) 02 March 2023
Do you know the wife's name which was recorded in your father's service records? If your mother's name is recorded in his service book, then your mother gets a pension after him. Without divorce to the first wife if he marries another woman it is bigamy and leads to lose the government job

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