Legal Question in Family Law in India

please clarify

I regd with online matrimoni I got a prop.l from a comp engg. parents enquired abt him & we got married on July 05. After some mnth due to urgent work he has to go to Mum & he left me to my parent�s home at Ngp. He used to call me daily & once a month come to my home, lived with me 5 to 10 days & again went to Mum, One year passed like this. His last call is on June 06 & after that no call from his side even I tired to get his No. I got tensed & decided to go to his home & srch abt. him there I got the news that he is in Jail due to some offence & he is a from another religion. I compromised &trying for his bail he comes out on Nov 06 again he start phone me regularly but still at that time I was in ngp he force me to come & start living with him all suggested me to live with him so In the month of Jan 07 I went to his home after some days I come to know that he is married & had a child too But his wife is not living with him knowing this facts I come back to NGP. This person ruined my life but I don�t leave him so free. He suppressed his marriage from me. I married him coz he make to belive us that he is unmarried. Still I want to live with him so wht type of remedy i hv to taken can i claim for any eco help frm his sid


Asked on 6/21/07, 7:11 am

7 Answers from Attorneys

vimal shanthilal Vimal Law Associates

Re: please clarify

your marriage is null and void

you seem to be willing to live with him knowing that he is accused for a crime, please be informed that he can again be charged for adultry.

let him go for divorce with his wife of first marriage, advisable by negotiation and compromise.

you may clarify through e-mail

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Answered on 6/22/07, 9:12 am
Prabhat Shroff Shroff & Company

Re: please clarify

Since you still want to live with him, despite what has happened between you and him, what can a lawyer advise you? You can, of course, file an application in court for maintenance, but even if such order is passed, it may not be effective.

However, if you decide to divorce him, then, yes, you can prosecute him criminally, and also ask for alimony and maintenance, and get both.

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Answered on 6/21/07, 7:39 am
Alok Sharma Alok Sharma & Associates

Re: please clarify

No remedy or legal advise for you. No divorce or restitution of conjugal proceedings you can initiate. You can not claim maintenance. You said he is married with a child. This is your weakest point. I may tell you legal advise given here and getting relief to the client are two different things. legally speaking no hope for you. But a good lawyer can certainly help you in achieving many things for you.

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Answered on 6/21/07, 9:34 am
kavitha balakrishnan kpp associates

Re: please clarify

as such the second marriage in null and void when the first wife is alive! you can proceed by filing a criminal complaint for cheating etc.,

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Answered on 6/26/07, 2:07 am
G. M. Gupta gmguptaandassociates

Re: please clarify

as your HUSBAND is already married so as per law you are not his legally wedded wife.

therefore you can not claim rights of a wife.

NOW come what u can claim.

1) if you love this person and this person also loves you i will suggest you to pardon him and stay with him as his earlier wife and child are not living with him but tell him to take divorce with her and then marry you again.

2) if no.1 advice is not choosen then you can file criminal complaint against him for cheating you and even rape. you can claim damages and few other reliefs

i would suggest the first one but its upto u

For further and detailed advice please contact personally with documents (if applicable). Consultation charges will apply

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Answered on 6/21/07, 2:19 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: please clarify

if you want to live with him, it is better you advise him to seek divorce from his first wife;

secondly, you can insist upon him for a suitable financial package towards ur financial security;

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Answered on 6/21/07, 8:55 pm
rajeshwar sharma rajeshwarnathsharma

Re: please clarify

Your marriage is nullity and void.

You may prosecute your so called husband u/s 493 IPC.

You inspite of the fact that he is already married then ask your so called husband to take divorce from his first wife otherwise you will have no status of a wife. For furhter query you may contact me

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Answered on 6/22/07, 12:24 am


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