• Husband married but no concrete evidence

Hi. I'm madhavi living in hyderabad.ours is love marriage. We used to live in Mumbai. Soon we got baby boy. Now he is 5 yrs. After marriage he showed his real nature. Used to torture physically and mentally and exploited my monetary wise. When my son is 4 rs I came to hyderabad. Soon he sent divorce notice and married a girl of his religion. Now we are not getting any evidence of their marriage. But i came to know the girl is pregnant. Can he be convicted in the court by live in relation? can we approach police? I'm not consent for mutual divorce. I want he should be punished and come to me for my child
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

1) file police complaint against your husband under section 498A for dowry harassment

2) file police complaint of bigamy under section 494 of IPC if he remarried during subsistence of earlier marriage

3) engage detective agency and gather evidence of his adultery

4) file application for maintenance under section 125 cr pc

5) you can also file DV case seek alternative accommodation from husband , maintenance for yourself and child , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

You can file a police complaint under section 498 A and then you can proceed to hire a detective agency to find out the truth in your doubt and then can file a complaint for bigamy; also you can file a petition under section section 125 Cr.P.c.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Mam , you can file a case of cheating and biagamy against him..file a police complaint regarding it... Police will carry out investigation and collect proof of. Second marriage.. For proper guidance kindly contact me through phone consultation

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. Was he a Muslim? If the answer is yes then I am afraid that he cannot be criminally prosecuted as sharia permits a Muslim male to have four wives at a time.

2. Nothing stops you though from filing a petition under 125 Cr.P.C. to claim maintenance for yourself and your son as it is the duty of your husband to support both of you financially.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. First of all lodge a police complaint u/s494 andf 497 of IPC against your husband bringing the charge of bigamy and adultery.

2.It will be prudent on your part to wait till the said lady delivers a baby who will act as an evidence of your having physical relationship with another woman out of his wedlock.

3. If your allegation is proved, he might be jailed for a maximum period of 7 years.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file a criminal complaint against him and his new spouse for the offences of bigamy.

But for that you have to go to Mumbai where the cause of action is reported to have taken place.

Also you need to produce evidence for their marriage.

The live in relationship, even if they have begotten children, canot be considered as marriage hence may not attract the bigamy offences.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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