Need urgent advice

You can do nothing against him so best course is to settle terms and conditions with regards to permanent alimony and maintenance and go for divorce by mutual consent. Neither you can prove his second marriage and get him punished for bigamy u/s 494 IPC nor this act amounts to cruelty punishable u/s 498a IPC. By wasting time with the foolish advice of your lawyer you will reach no where. Even if he's unable to get divorce, he'll just delay divorce proceedings that make to older and make settle down in your life while he continues life with another woman and child born to them.

Dear Vijay,

I read your response..he made second marriage and he already has a baby boy, that matter already known in my society.. For that my advocate suggested that he will punished for bigamy under 494 IPC and he will go to jail for 7 years..

It cannot be tolerable the way he spoiled my life, I want to see him as in convicted and inside teh jail for his cheating..

Now what should I do? I am not in hurry for marriage and want his to get punished..

Recently Supreme court look in to the NRI and I read that the case can run in both country parallally and his passport can be impounded? Is it true?

Please guide me..
 

Unless you agree, your husband cannot succeed in getting divorce. As per law every physically abled person is bound to maintain his wife. You can file application in on going divorce claiming maintenance and legal expense. You have every right to live with all dignities in accordance with the status of your husband. If you are sure you can also report the matter to police regarding his cruelties inflicted upon you. As per law if a man and woman are living together then they are presumed to be husband and wife so you can also file complaint u/s.494 IPC. Consulta lawyer with details.

Your lawyer is right... Your husband CAN be imprisioned for 7 years... But for that you need proof which you dont have.  In such a scenario, as rightly advised hereinabove, settlement is the best option.  Dont leave him easily, ensure that you get a good settlement but dont unnecessarily prolong the litigation as in the end it is you who is the sufferer. 

If he is not supporting you, why hadnt you filed an Application for Interim Maintenance? 

If you still insist that you want to harass him, you will first have to collect proof of his marriage, probably the birth certificate if it bears his name in the capacity of a father etc. 

hi please call me to solve your query at cell no 8686159292

Dear Sidharth,

Many thanks for your suggestion..

Please find my comments as below,

You can file application in on going divorce claiming maintenance and legal expense.

I filed interim since last 3 years but he is making many darama and not giving money...some time he say that his job problem..some time  he is under loan pressure, his body sick, his mother ill..he is in deby.. his expences at his country is high bla bla..and not giving money to me...I filed case at high court but since last 2 years in high court and not a single rupee i received..now high court asking to finalise with one time settlement, which I dont want.. I want him to be in jail for his cruelty and for spiled my life..

 

You have every right to live with all dignities in accordance with the status of your husband.

Recently he filed a case showing documents that he stay in sharing room, he travel with public transport, he eat street food and that is his standard..How he playing different game its out of imagination.. he is showing room agreement, and public ransport bill etc..Now how to fight with this champian..

If you are sure you can also report the matter to police regarding his cruelties inflicted upon you.

We are separated since last 5 years..recently I approached local police station, but police officer told that if you have divorce case in court what is the point to file the case? I just back from police station..this is Indian system..

As per law if a man and woman are living together then they are presumed to be husband and wife so you can also file complaint u/s.494 IPC. 

This issue already brought in the court and he say that lady is staying in his house in rental and he is showing a rental agreement with her...he simply say that the allegation is false.. in that case what to proof? plz suggest..now advoate and my friends helping to gather evidance about his new ralations with baby..

 

{lz guide me.. now slowly I am loosing my hope with Indian law..

Indian law is not to support you in your revenge. For bigamy offence the second marriage must be conclusively proved...second marriage should have been solemnised lawfully or under prevalent customs...if not then mere staying together cannot be called as marriage for bigamy conviction. Do not waste your time, find about the second girl, and what he has told her, is she in dark or she is aware? This can give better clue to decide what to do further. In my opinion you shd divorce with reasonable demand of alimony.

Dear experts,

I read many thread and in web about teh Bigamy, 494 IPc etc, 7 years jail that my advocate also suggested to me..

However after going through various topics I never found any citation for anybody in India punished for “remarried”..If any body got convicted for Bigamy or for second marriage please update me...

In that case, Indian law is blind??
 

You need to press on maintainence at first. start interim maintainence. psycologically it will put an impact on him. regarding second marraige the proof required is of high standard. you need some of the witnesses for this you may also hire a detective agency. but first try to secure yourself financially go for 125 crpc.

The correspondence exchanged between the parties, the wedding cards and other invitations issued by both of them and the photos taken along with children, the acknowledgment of the in-laws and parents at different times, all have to be taken into consideration to find out whether they are husband and wife, apart from the statement that the marriage took place according to Hindu rites. The conduct of the parties, supported by oral and documentary evidence with regard to the admissions also can be taken into consideration with regard to the proof of the first marriage

Dear Nitish,

Many thansk for your input.. 

Regarding maintenance I filed case in district court 2 year back and till date not a single money I received..Later I filed at Highcourt and till date case is stayed and so far not a single rupee I received.. He claimed that I am educated, working, my father wealthy etc etc..Now high court is pressing me to give divorce in mutual concent..

But the way he tourtured me, I want to take revange on this..

Regarding his Bigamy I found that I need to prove so much to go him jail as per IPC 494?

He never keep any thing documented, as per I knwo he did all in mutual basis..I tried a lot a lot using middle man, but every body know in society that he took that girl but no documentation...

He took that girl and staying in Hongkong in same house.. he showed agreement that that girl is renting house in his premises..and that lady is with her independent Visa (He managed some how)...So far that information I am receiving from my middle men..

He is also taking advice from his lawer and he is acting very carefully with supprting documents in his favour..

He got a baby boy and so far he is not keeping his name as father..

In document basis it is very diffult for me to prove in court.. but in reality he took that girl and already became father..

Last time I arranged some local people to witness about the keeping that girl, but court asked documents as you listed.. I could not able furnish a single document...

In this case how shoud I suceed??? How this men is acting and now I dont have any documents..

Experts plz suggest urgently...

 

Dear Sunitha , 

i feel sorry about your status. But nothing can be done. He is in Hong Kong and you are in India ,  I presume. Now, your sole intention is to see him rot behind bars. Even if it is proved that he is living with her, you will not be able to do anything much. Only her husband ( I mean legally married, if she has any, can only take action against him for adultery) can prosecute him and you can do something only if it is legally proved  that he is legally married to her, that too with documents. Not this hear say or witness. Even if he has fathered the child nothing can be done by YOU. 

You are able to live without his financial support so far and you are able to collect information about him (in Hongkong) through middle men means you are not truely dependent on him or you are not very keen on extracting any financial benefits from him. The only motive behind these litigations is grudge and nothing else. You are with him for 3 months only then how could you or both of you could develop such acrimony which is lasting even after so many years of separation.

I sincerely suggest you to revamp the situation. Introspect yourself and if your heart says reunion with him then try for rapproachment. If not then give your consent for divorce. What I am trying to stress is don't drag the litigations any more and start a new phase of life with him or anyone of your new choice.

All the best.