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Ram (self)     16 May 2012

Divorce and bigamy

hello 

I have a slightly lenghty question but please do read it. I was born in 1991, my dad passed away in 1992. In 1998 my mom re-married (Hindu marriage) one man and he had two daughters from his ex wife. In the 14 years of marriage, my mom and my dad always had fights and most of them were due to my dad's habit of having affairs with other women. In 2000 or 2001 my step dad got married to another american lady (registered marriage) for the purpose of getting a visa and convinced my mother in every way possible to accept his decision. She had no option then. The visa was not granted and the lady and my step-dad applied for annulment. After that fling, my step-dad kept on having one or the other affair every few years and my mom kept on bearing with him. Today it just hit the boiling point and he says he wants a divorce. I told him i can drag him to the court under sec. 494 IPC and my mother wants to finish this off quickly and just go for a mutual consent divorce. There is a lot of property involved and i dont want my step-dad to have a final say in teh division of property. Please advice me what to do. I am very angry with my step-father, and after 14 years, it is just not done with to expect him to change. If it is a mutual consent divorce what will be the case, and if we apply for divorce quoting bigamy, what will be the case? Kindly answer my rather lengthy question and i shall be very thankful to you.

PS. i have a very low quality xerox of my step-dad's second (illegal) marriage's marriage certificate and a cd of the actual marriage between my step-dad and my mom. I want a quick solution to this as we cant stay with that man anymore.

 

Thanks 

 

Ram



 6 Replies

Guest (Guest)     17 May 2012

Dear Querist,

 

On the basis of your statement of facts, I tender the following opinion.

 

1. You can lodge an FIR against your step-dad under Section 494 IPC.

 

2. The decision to go for mutual divorce or unilateral divorce has to be a personal decision. In case of mutual divorce, there will be an adjournment of 6 months after the first motion in order to enable the spouses to reoncile. If at the second motion which takes place not earlier than 6 months the parties inform the court of their resolve to separate, the court shall accordingly dissolve the marriage through mutual consent. A mutual consent divorce agreement can be exhaustive, and cover issues like maintenance, division of property, etc. You may also go for a  unilateral divorce on the ground of adultery.

 

3. If there is any self acquired property in his hands, he is free to deal with it in the manner he desires, and you cannot claim any share in it. In the event of he dying intestate, you will have equal rights in it along with other class 1 heirs.

 

4. Your mother can file for maintenance against him, and also for a right of residence in his shared household under DV Act.

 

Regards,

Ashish Davessar

Advocate

Ranee....... (NA)     17 May 2012

such person even if gets married with miss world/miss universe can be satishfied.I think mutual consent divorce is best fot you and your mother's health and future.Take your and mother's share and maintenence thorugh divorce deed and lead a peaceful life.

MADURAI LAWYER (LEGAL CONSULTANT)     17 May 2012

Dear Sir,

Kindly fell free to speak to me on 9842197857 to get proper legal advice in your case.

 

https://www.jeevaganadvocate.com/contact.php

sri (ceo)     17 May 2012

There is a lot of property involved and i dont want my step-dad to have a final say in teh division of property... whose property your mothers or fathers...

in mcd get clear bifurcation of assets and if both agree go for it...

if your mother let it go... why do you stop it?

dont ask for unnecessary stress, expenditure and running around courts wasting life...

Alok Tholiya (self employed)     17 May 2012

First you must collect all proof against him. Also details of his property.

K.K.Ganguly (Advocate)     17 May 2012

If you want to teach him a lesson then go for 498A & bigamy applications. These two will calm him down to the hilt.

 

If you want your mother to get rid of him then go for mutual consent divorce wherein all terms regarding the property/assets should be clearly  detailed.


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