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Bigamy - Please help

Page no : 2

manoj (d)     08 October 2009

Thats exactly correct. The marriage was bigamous and not a concubine relationship.  This is exactly what we are trying to say why should my father need to pay anything at all towards her.  She comitted an offence and cheated my father.  Now shes threatening him she will own half of his properties.

Surely someone can make the judge see sense....

Adv ramesh chheda (prop)     09 October 2009

AS about bigamy, she has committed an offence and if u r father can prove about existence of first marriage , marriage stands void. To get marriage to be declared void, he has to file petition in family court. And if she has deserted him for about 4 years, than even in courts of your country, by filing petition father can claim divorce as per provisions of your country as he is citizen in said county.

He can also file a case of cheating as well criminal breach of Trust against her. 

As about making paymen of maintainance to my opinion she can claim the same under new law that is domestic violence act wherein a person need not be wife but any lady who resides as that of wife than she is entitle to claim certain benifits as provided under said act including maintainance and residence. 

I hope i have thrown light on your querries in case if u still wish to know more on this , may please fwd querry. 

Adv ramesh chheda 

1 Like

Adinath@Avinash Patil (advocate)     17 October 2009

I AGREE  WITH SUCHOTRAS REPLY

1 Like

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     22 October 2009

It is the duty of the husbond to give protection and maintenance to his wife.It is the duty of the wife towards her husbond to submit herself obediently to his authorityand to remain under his roof and protection.As a rule the wife is not entitled to separate residence and maintenance from her husbond.But Section 18 of Hindu Adoptions and Maintenace Act 1956 provides that under certain circumstances.Also Section 18(3)enumerates circumstances under which a Hindu wife shall not be entitled to separate residence and maintenance. they are

i.Unchastity,

ii.ceasing to be a Hindu by conversion.

Burden of proof lies  on your father about her chastity( already married and living husbond at the time of your father marrying her)

She is not termed as Concubine. A Concubine is one where she is having living in relationship with a married person while his wife is alive.

amanoranjan@rediffmail.com

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     22 October 2009

I ALSO AGREE  WITH SUCHOTRAS REPLY.


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