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pankaj (None)     02 February 2011

Hindu marriage

Dear sir,

May brother-in-law is a serving army personnel and blessed with two children. All the necessary documentation had been done as per army rule. Now he has affair with some other lady and she claimed to be his wife. When I asked her two show her legal proof, she is not willing to show. My brother-in-law is playing dual game. I assume if he has married to lady who claims so. At this juncture I would like to know what may be the rite of his  first wife whose necessary documentation is available in army records. Thanking you in anticipation.

Sincerely yours

Pankaj



Learning

 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 February 2011

The first wife can prosecute the husband for bigamy. She can also claim maintainance from him.

Jamai Of Law (propra)     02 February 2011

First question to be decided...who's the first wife. It depends on dates of their marriage and proofs (Even though its not registered!!)

 

Records in army doesn't denote first wife (and if other lady had married before, then the records in army are false and 'another criminal case/court marshal may be made out')

 

Whoever is the first wife!!............can sue husband for bigamy (IPC 494 criminal offence) and divorce

Whoever is second wife rather second relationship!! Her marriage is void ...kids are legitimate and they have rights....she can claim maint under DV...and sue that male for  IPC 493, 495,  496 (criminal offences) and few other charges of fraud etc et.

 

This guy may lose his 'service in army'  as well on many accounts.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 February 2011

I agree with Archana Madam. However want to add that your brother-in-law can be suspended based on the complaint given by first wife.


pankaj (None)     03 February 2011

Good Morning Madam,

This is Pankaj again. I would like to add some more details regarding my brother-in-law. He has enjoyed almost 7-8 years successful married life after that this affair happened. We suspect he is going to quit service within 6-7 months after completion of initial engagement of 15 years and will escape with the lady he has affair. Kindly guide me what should I do right now so that his wedded and children get some service benefits for survival? 

Thanking you...

pankaj (None)     03 February 2011

Good Morning Sir,

 

This is Pankaj again. I would like to add some more details regarding my brother-in-law. He has enjoyed almost 7-8 years successful married life after that this affair happened. We suspect he is going to quit service within 6-7 months after completion of initial engagement of 15 years and will escape with the lady he has affair. Kindly guide me what should I do right now so that his wedded and children get some service benefits for survival? 

Thanking you...

Amit (Student)     03 February 2011

This is Amit again :

 

Can a husband drag his wife's friend to court alleging that his wife has been s*xual relation with her friend after marraige? (Because it's an ground for the husband to filling a divorce petition against his wife.)

 

In the same time, can the wife drag to her friend alleging that her husband and friend together mentally depress & showing any type of ground?

 

If both are filling this type of petition, what can do by the friend?

 

There is any way to out from the case? what are the way and how to escape?

 

Once the case filed, it is mandatory that the friend will present before the magistrate? If not present, what the problem creates then?

 

The friend would be punished by magistrate ?

Ambika (NA)     04 February 2011

very very complicated scenario! 

Michael Kushner (Manager)     04 February 2011

Only first wife can prosecute the husband for bigamy.

Karika (metlife)     26 March 2011

Hi all,

Could any one explain where to check voter id details from voter id number.

sonamamma (freelance)     26 March 2011

I would like to know .

Is it possible for me to marry my father's mother's brother's son's daughter ? We both are Hindu.

Is this relation restricted by Hindu Marriage Act?


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