Advise please

Dear Ms.Surekha,

His second marriage without a divorce, is void. The children from second marriage are illegitimate. This fradulent practice of using religion/conversion colourably is not allowed in India. There are landmark decisions on this point :- 

Sarla Mudgal/Lily Thomas v. UOI (1995/2000) You still have all the rights of a lawfully married wife civil and criminal. 

Your husband is liable for the offence of bigamy

Justice depends on what you want to do now.  If you want to send him to jail, file criminal case of Bigamy under Indian Penal code, Sec.494 or if you want to accept him, file for restitution of conjugal rights, if you want only divorce not punish him for bigamy, file petition in family court on the grounds of bigamy and desertion. But you are eligible to claim maintenance and also compensation (damages) under DV act.

Whatever you do, first ensure you gather fool proof evidences about his second marriage with muslim girl to prove it in court.

Thank you for your advise,

I informed the Muslim girl's parents that i am pregnant and pleaded them not to separate me from my husband,requested them to counsel their daughter and take her away.Still they encouraged her because my husband pours money to them to run their family.What step should i take to punish her parents as well the Muslim girl.On what grounds should i file a case so that they are behind bars.I know the name of the place where they got nikah,but how can i procure the nikah naama.I know the  place of birth  and DOB of the illegal children.My husband is fed up of her as she pressurises him to do islamic rituals,grabbing money and never behaves like a true wife.Whole heartedly he wants me and my daughter but due to her black mailing he was trapped.He does not have guts to kick her away,is there any chance to put her alone behind bars,if there is no such provision i will file a case against him also.I dont have intention to remarry at all.I will act according to ur advises.

File for Right of residence (Sec.17) under DV Act, along with maintenance (Sec.20 (1)(d) of DV Act and heavy compensation (Sec.22 of DV Act) for marrying another woman without divorce decree from court and Protection orders (Sec.18 of DV Act) specifically seeking protection from the second wife and her family members and secondly from the family of husband and his family members.  As he had children from his other relationship, he cannot hide his relationship with second wife because second wife will not like to hide after so many years of marriage and even having children.  If court gives Residence orders in shared household, he will be in soup because he has to be answerable to second wife who will harrass him if you go and stay in shared household.  Maintenance and heavy compensation will make his life miserable forcing him to decide to get away from second wife. But is you file a bigamy case under IPC, your husband will also go behind bars.  

Thank you 

I was away from my husband since jun2007.My mom came to see me to my inlaw house,as i was 2 months pregnant.andi was sick and out of fear that they might kill me, my mother took me to her house.I didnot join my husband since jun 2007 till today.Can this time gap become an advantage to my husband to seek divorce from me.I dont want to divorce him .he comes to see me and his daughter secretely becoz if the Muslim people come to know they may not spare him.Under what sections should i file a case so that she is behind bars.Her father stays in Dubai,how can he be brought here so that he can b punished .How to file a case against her mother and father.Can i take a print out of Subha Mudgals case and present it to the court.After gathering all the advise from u .i will proceed further.Can i get Nikha naama through RTI to,whom should i write to get nikha naama.

My husband and the Muslim girl visited Mecca,can he enter Mecca without Muslim  passport.I know when he went there.He has Hindu passport valid upto 2017.Whom can i approach to get the details of his passport.I informed the police but they couldnot trace out as i dont know what names of his parents are written in the passport.They say it is difficult to chase without full details.What will be the punishment if he is caught in two passports case.He took Muslim passport due to force of her ,if he is caught,he will develop hatred to her because the sole reason for Muslim pasport is the Muslim girl.PL help

If you proceed against muslim woman then she will drag your husband also into the case.  So only if you decide to leave (forget and punish) your husband you should proceed against Muslim woman.  There is no way you can save your husband unpunished and ensure muslim woman and her family members are put behind bars. Also you cannot implead muslim woman's relatives unless there is solid proof that they have instigated the crime.  Your husband can file for divorce, but court will not grant divorce without hearing your version.  And his divorce proceeding will not have any bearing on what you file under DV Act.

If you want to ensure your husband remains unpunished proceed as per advise given in my previous posting.  However in that you cannot punish the Muslim girl.  The assumption is consequences of those proceedings will drive your husband to accept you and send her away from his life.  However after she is sent off by your husband, she may also file criminal case against your husband that he concealed fact of first marriage and married her by way of cheating her.

My doubt is not clarified sir.I was away from him since 2007 ,can this much period of separation from be an advantage to him to get divorce from me.How to go about his two passports?pl help

Your husband can file for divorce, but court will not grant divorce without hearing your version.  As the period of separation is caused because of him, not by you, he cannot take advantage of his own wrong as per Hindu marriage Act.  Period of separation may be a factor for filing divorce but the factors that court consider also include A. whether that period of separation is because wife deserted him or because he deserted her B. whether he is taking advantage of his own wrong having forced her to desert him.  So it won't be an advantage for him to file divorce and get it easily on that ground. 

Regarding passport, I suggest not to be worried about it.  Just file cases under DV Act and make allegations about his second marriage.  He will not try to hide his relationship with his Muslim wife.  If he has intentions to hide, in order to prove wrong then also it will become a problem for him and his wife, and he will have plenty of disputes with his wife in the process of hiding her.  So my suggestion is not to worry about gathering evidences just go for it.  

If he had admitted the child born to his second wife in school, there should be some document in school which shows the names of parents.  That would be easier proof than passport.

Sir i got the details of regn. number ,DOB,mother and father name of my husband's illegal children through Muncipal corporation web site which i took print out with the logo.The names are found in the list along with other children.The names of the children ,parents are all hindu names having the surname of my husbandi.e Konka neha,konka nagaraju,konka namratha(Muslim girls converted name).Will the court accept these as the best proof or should i get   iindividual copies.Please take the pain of going through this site and let me know.          https://ourwmc.com/BirthCertSearch.aspx.If this can be accepted i will have a sigh of relief.

Why not?  More than sufficient.  If the court says, submit it in the form of hard copy, take the court order go to school and get the xerox copy duly certified by school authorities confirming the details you found in the website. Or take the print out of the website copy carrying details of their names go to school before court gives such direction and ask them to give a certificate to that effect or confirm with school stamp and authorized person's signature on the website copy itself the details mentioned in the website copy printout.