Legal procedures - Divorce

You have the following options available

1- Seek for divorce if both want to end the relationship

2- If you want to prosecute or punish the husband for having married again  you can file complaint before the police or in the court seeking for appropriate action for marrying agaisn while the 1st marriage is subsisting

3- The other option is to seek protection under the Domestic Violence Act which included grant of compensation also.

4- If your SIS n Law is not nothing any means of living or is not able to sustain the family ,maintenance can be sought for from the husband. At any rate husband is entitled to maintain the childeren.

It would alsobe better to have a search done in the court asto whether he has obtained any exparte order of divorce by concealing the correct address or have himself received the same on behalfcof the legally wedded wife. 

Thank you Jikku for your immediate responce.

Sis N Law is a government servant and she is managing the kids, however wanted to know what are the legal rights of her.

1. Can we file a case under 494 / 495 ?

2. Seek a MC-D

3. Property share / Compensation from the husband

She still continues to be the legally wedded wife and the children have every right to receive the love and affection of the Father. The second marriage is not having any legally enforceable right and is void.You can seek for restitution of conjugal rights before the family court .The father has the duty cast upon him to maintain the children and the defence that the wife is employed is no ground to reject the claim of the children.

You can lodge the complaint for the offence of 494/495 and I would advise rather than going to lodge the complaint before the police or the magistrate court it would be better to trap him in the Family court matter as the standard of proof required is less and the tendency of the magistrate courts to favour the accused on technicalities can be minimised.

Compensation can certainly sought for under the DV Act.

Hello Jikku

One another question on teh same grounds.  What is the rights my sister-inlaw holds on the Kids?  Her descerted hubby is thretening her stating if you go leagally will pull the Kids from her.  She has been emotionally blackmailed by this idiot.  Please do advice on the same..

Thanks a lot for your prompt responces.

Both Husband and wife has equal rights over the children. In this case since the father has married again the children may not get the proper love and affection.The  husband cannot pull the children out even if you go legally and if he tries to pull out the court will grant the custody of the children to the wife as there is an allegation of the second marriage and children will not be safe in the hands of the husband and stepmother.