bigamy under hindu act

until unless not knowing fact till then cant give any advice.

If you want proper advise then come with proper question, we ppl are not here to entertin public

pl tell facts

The facts are as follows :

My client is a 42 year old man first married in 1990 and has a daughter aged 16 years.

He went into registerd marriage with another lady who was a divorcee in 2007 and has a 4 year old son with the second lady.

The problems are :

1) Both the wives are threatening to file for bigamy against him u/s 494. Can both do that simultaneously?

2) 1st wife had filed for declaring the 2nd marriage of her husband 'null & void' in 2010. Is this case maintainable?  Can she get an ex-parte decision on this case as the 2nd wife has never appeared before the court.

3) Can the man keep custody of the 4 year old son born from 2nd marriage? the 2nd wife threatens to declare the son as 'illegitimate' and claim custody. But the child has always stayed and is presently staying with the man and his 1st wife and is quite comfortable too. Can the custody of the child be given to man and his 1st wife on grounds that he is quite well adjusted with him.

4) also 2nd wife threatens to file for 'illegal confinement' of her son against man and his 1st wife. Can she do that? How can the man be protected against this?

5) If the man files for divorce from 1st wife, what shall be his status?

Please help urgently.

1) Both the wives are threatening to file for bigamy against him u/s 494. Can both do that simultaneously?

yes

2) 1st wife had filed for declaring the 2nd marriage of her husband 'null & void' in 2010. Is this case maintainable?  Can she get an ex-parte decision on this case as the 2nd wife has never appeared before the court.

1st wife can not file annulment for 2nd marriage.

3) Can the man keep custody of the 4 year old son born from 2nd marriage? the 2nd wife threatens to declare the son as 'illegitimate' and claim custody. But the child has always stayed and is presently staying with the man and his 1st wife and is quite comfortable too. Can the custody of the child be given to man and his 1st wife on grounds that he is quite well adjusted with him.

the man should think of bigamy. forget about child custody.

4) also 2nd wife threatens to file for 'illegal confinement' of her son against man and his 1st wife. Can she do that? How can the man be protected against this?

both the wives can file bigamy. further 2nd wife can file annulment of marriage.

5) If the man files for divorce from 1st wife, what shall be his status?

it will be unwise for the man to file anything against anyone. he has committed bigamy himself.

Agreed with Amit.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com