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Akhil (ABC)     09 June 2010

Women needing Help

This I'm writing this on behalf of my sister. She is a housewife and her husband is a buisnessman.

My sister got married 15 year back and currently she is having two daugther one 12 years and other one 1.5 years. Her husband is very influencial person in the city which my sister lives.

Last month he started giving advertisement for re-marriage in one of our cast magazine and got in contact with a lady who was ready to marry him inspite of knowing that he is already married and had two daughters. The lady who is trying to enter in their lives is also an adovocate. My sister is constantly put under pressure by him and his relatives for not getting any legal step. They are forcing her to stay with the second wife. His major objective for the second wife is to have a male child.

What are the preventive mesure that can be taken to avoid this situation Is it possible for us to take any legal action against the lady and the relatives involved.

Any suggestions and advice would be highly appreciated.



 7 Replies

Kuljit Pal Singh (Legal Professional)     09 June 2010

Dear Friend,

There are many remedies of under Law u can avail:

U can file complain of Adultery, Bigamy etc. U can file complain und Prevention of Domestic Violence Act etc for detail u should consult a good Criminal Lawyer.

Above all the Second Marriage is absolutely illegal and void in case u fall under the definition of Hindu.

Regards

Guest (Guest)     09 June 2010

We should not be here to rub our hands when he married to that lady and then to file bigamy case or adultery case.  The thing is that if he marries then that marriage is, in the eyes of law, void as it is bigamy.  He can be punished for bigamy.  But that does not help your sister.  File a case under Domestic violence Act for cruelty.  At the same time,. you have to file a civil suit seeking permanent injunction against the husband and that other lady (making both of them parties) and in this suit seek temporary injunction (you will certainly get it).  Act fast and the law is in your side. He cannot and shall not do what he wants to do. 

Waseem (Junior advocate)     09 June 2010

i agree with mr. prabhakar absolutely rights. prevention is alwaz better than cure . so pls go ahead and so as prabhakar sir ha told.

Akhil (ABC)     09 June 2010

Thanks for your replies. Really appreciate your advice.

But I couldn't understand what is meant by permanent injuction and temporary injuction ?  How does these help ?

 

 

shuaib (indian polce service)     10 June 2010

i am divorcee for last 4years.my earstwhile husband has married have children and settled abread. i am living aloe for my 7years child an working woman to support my child in best possible way.for this reason not married again.now my earstwhile husband wants custody of my child. what is legal position under high court and  supreme court rulings.

Guest (Guest)     10 June 2010

Mr. Akhil,

You have to file a civil suit making that gentleman and that lady as defendants and your sister as plaintiff (petitioner) seeking the permanent injunction restraining him not to marry any person including that lady without  obtaining the divorce from the petitioner (your sister).  In this suit, as an interim relief, you can ask the court to issue temporary injunction restraining him not to marry again during the pendency of the suit.  These are technical things and difficult to understand by a layman.  You have to contact a local lawyer and give him case and also inform him about the legal advice you received from here.

Wish you best of luck.

Guest (Guest)     10 June 2010

Ms. Shuaib,

While granting the custody of child only one thing will be in the mind of the court and that is what is the best for the child?  The best is not just that the father is earning huge amounts and the child can live a luxurious life and he can live abroad and can study in a very good school.  The best is that where the child can get full emotional support, love and affection, proper study, sufficient food and healthy atmosphere etc.  All these things will be considered by the court.  The courts prefer a child to be given custody to a real mother instead of giving it to a father, who has already married, because the child may have to live in the company of step mother along with step brothers/step sisters.   In addition to this, as the child is only 7 years old, the matter may likely go into your favour.  Your sacrifice that not to marry again for the sake of child is also a positive factor.   Hence, do not worry and hope for the best. 


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