• Bigamy

My father married my mother and having live in relation ship with my mother's own sister with my mother consent since 30years and she don't have children , living along with us in our home. We are three children to our mother (3female ) torturing by my aunt even we got married. We need her permission even to meet my parents. We don't know what happened among my father , mother and aunt, my father and mother listening to my aunt only, they don't want even children. 
Shall we file bigamy case on my father and aunt?. According to law , Do children can file bigamy case on parents/father?. 
1. If children can't file bigamy case on parents, then who can file?.
2. Who is aggrieved person here since its done with my mother consent and she is silent?.
3. My mother biological father(my grand father died 10years back). And my mother has one elder brother , can he file bigamy case on my parents?. He supports us.

Plz clarify what are the ways to put my aunt away from my family. And what are the legal rights we have in this situation. Plz answer clearly.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1)your father never married your aunt

2) no case of bigamy is made out . For prosecution for bigamy one must show first of all that at the time of the second marriage, there was first valid subsisting marriage; where proof of either marriage is unsatisfactory, there ought to be no conviction.

3) Only the person aggrieved can complain in case of bigamy. your mother can file complaint of bigamy

4) your uncle can file case of bigamy against your father

Ajay Sethi
Advocate, Mumbai
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daughter abandoned by her parents can seek maintenance from her father

2) father is not only bound to maintain his un married daughter but also pay for her education till her marriage

3) similarly father is bound to pay for his son education expenses and maintain him

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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1) in india under section 317 of IPC abandoning child is punishable with imprisonment for upto 7 year or fine or both

2) Section 317 in The Indian Penal Code

317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Shall we file bigamy case on my father and aunt?. According to law , Do children can file bigamy case on parents/father?.

1. If children can't file bigamy case on parents, then who can file?

The children cannot file bigamy case because they are not the directly affected party to this offence. Only the first wife can file bigamy case against her husband

2. Who is aggrieved person here since its done with my mother consent and she is silent?.

Your mother is the aggrieved person hence only she can vent out her grievances and seek relief and remedy through both civil and criminal laws. You cannot force if she chooses to remain silent about it.

3. My mother biological father(my grand father died 10years back). And my mother has one elder brother , can he file bigamy case on my parents?. He supports us.

No. Even he cannot file any such case because he is not an aggrieved person.

HOWEVER,. this offense is attracted only when the second marriage was conducted legally so as to give it a legally accepted marriage status. If not, there is no second marriage to begin with and so no second wife and so, no bigamy.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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An infant abandon by parents and now the child raised by someone , after getting major what's the rights the child have on his/her biological parents?,

Can the child file cases on biological parents for abandon him?.. plz clarify what are are the ways he has to proceed legally...

If it is a girl child then it can seek maintenance from its biological father till it is getting married.

It cannot sue its parents for abandoning it.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Is there no punishment for abandon a 3days infant?. What are the sections I can file case on my father for abandon?.

You cannot take any legal action against your father for this act.

If you re unmarried then you can claim maintenance amount from him till the time you are getting married to someone.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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