• Family issue

My Aunt & Uncle marriage happened 20yrs back and this was his second marriage which he didn't disclose at that time , his parents & family have kept this secretly as they wanted successor to their family all of them has daughters , So they have arranged second marriage

For beginning he started harassing and beating my aunt and after 15yrs he began threatening
his 3 daughters and stopped coming home  

recently we got a legal notice , still we don't know on what lines he has filled a case
may be he has filled saying "wife is using his salary and not allowing me to come home"
he is not a stable person , he turns violent and doen't respect any one 

during his absent ( 3-4yrs ) , my aunt has used his salary ( 15-20k per month ) to raise her daughters & pay school/college fee 
Engineering 1st year -     year fee 1.2 lacs
Intermediate 2nd year - yearly fee 30K
9th class                      - yearly fee 20k

he is a police constable workingin in some remote parts of AP .
what kind of evidence is need to prove all this court and Aunt want divorce and alimony to raise her daughters .
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
Your aunt simply will have to worry about nothing.
The case filed by your uncle has no merit at all.
Ask her aunt to file case under Domestic Violence Act wherein she can claim maintenance for the children and for herself and once the order is passed your uncle can not avoid it.
To stop his tortures she can file case u/s 498A IPC as well.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1) did your uncle divorce his first wife before marrying again ? 

2) second marriage during subsistence of earlier marriage is null an d void 

3) wife can file case of bigamy against him under section 494 of IPC 

4) if any legal notice is issued  your aunt should reply to legal notice . 

5) she  can file domestic violence against her husband and seek maintenance , right to stay in matrimonial home and other reliefs . 

6) she can also seek protection order against her husband 

7) she can file for divorce on grounds of mental cruelty if husband has contracted second marriage after divorcing his first wife 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
the Domestic violence case can be filed before magistrate court where your aunt is residing.

she may file a divorce case against him before family court under section 13(1)(ia)&(ib) of Hindu Marriage Act

she may file a maintenance case against him too.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Yes, you can produce the proofs of payments made towards the education of the children.
The domestic violence case can be filed at the place where your aunt is currently staying.
Hnce file DV case as apa wherein she can claim interim maintenance as well. if the court so wishes, it can grant maintenance even before her husband get the notice of the case.
Meet a good lawyer.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Don't be panic. Handle the matter very carefully. 
Send a replay notice with the help of a lawyer. Your aunty can claim maintenances for herself and her daughters. For that purpose  file a case for maintenance and protection under DV Act before the Judicial First class magistrate court in Hyderabad .(Check whether the jurisdiction of the JFCM court lie with in your police station limit).
Divorce is not the first thing, when we take decisions in a family issue matter
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hi, you have to file a divorce on the ground of cruelty and also on the ground that without getting divorce to the first wife he has  married second wife and she came to know the recently and it also amount bigamy. 

2. You can also file petition for before the court for domestic violence also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You are deficient in providing details,

2. Has your uncle took divorce from his first wife or the said marriage is still existing? Where is his first wife if she has not yet been divorced?

3. How could your Aunt use his salary when he was absent for 3-4 years?

4. However, if your uncle had married suprressing the fact that he is already married, the your Aunt can file a police complaint for cheating, bigamy,  498A etc.,

5. She can file a DV case claiming maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. Evidence is required to be produced for leveing any allegetion,

2. Not taking care of wife and daughter and not visiting them for 3-4 years amounts to cruelty,

3. She can file the complaints and cases as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. The statement of your aunt will suffice in the court.

2. Your aunt had the right to use his salary to support herself and her children. 

3. If your aunt wants divorce then she should file for divorce on the basis of cruelty. 

4. She can also sue him for alimony by filing a separate case to this effect. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Your aunt should engage a lawyer and file the reply to the legal notice sent by his lawyer. She can thereafter file for divorce and alimony and also defend the cases, if any, filed by her husband.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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