• Illegal divorce and marrying other women - property issue

Hello Sir/Mam,

Since long time it was in my mind to visit a lawyer but had no power to go against my father because of my big love to my father. My name is Ramakant Chaurasia and I am 33 yrs old and live in Navi Mumbai. I will like to explain a Big Drama of my family in short story.

Till 1993 everything was good in family and then later my father involved in extra marital affair with one of the best friends wife. In 2005 my father left our home and went with that women and started living with her in one of our house but my father never divorce my mom or gave anything to her for living only one apartment for living. We are 2 brothers and 2 sisters (all are married Now) My mom(Age 63) is uneducated (Only 5th call passed from village school U.P and had child marriage with my father). Now my father (Age 63) is married to that women(Age 61) illegally in court with out asking my mom or divorcing her legally. They made her false signature on documents an got married.

My dad is rich and hold lot of properties in Mumbai and FD's which is still in my fathers name but controlled by women living with my dad. My dad don't give any kind financial support to my mother or us and we are worried due to his health problem that this all property will go to this women and we will have nothing at End.

Women My dad illegally married has no kids from my Dad only one son from Late X-husband.

My father had a liver transplant in 2008 and I donated my 70% of liver to save his life as good son. (operation was done in Medanta Hospital, gudgao, Doctor: Dr. Soin). We sold our 1 property and paid operation fees 50L. I did lot for my dad as son in my life and now i wan my moms rights.

Property Discription:
1 Flat in my fathers name we are lining in that house (papers are with us)
1 row house dad and wife living in that house (Papers are with my Dad and that women)
1 Row house Rented (Rent money going to my brother) (Papers with dad)

Many other property and FD's which are unknown to us. 

Please advice what to I do and act to keep my family in safe side? You answer will bring in me some power and knowledge to act further.

Thanks in advance.
Ramakant Chaurasia
Asked 3 years ago in Family Law from France
Religion: Hindu
1) your mother can file case of bigamy against your father if he remarried during subsistence of earlier marriage 

2) second marriage is illegal and void 

3) your mother can also seek maintenance from her husband under section 125 cr pc 

4) your mother  you and your siblings have no share on property standing in father name during his lifetime 

5) if he dies intestate your mother you and your siblings would be the legal heirs of your father 

6) second wife had no share in husband properties 
Ajay Sethi
Advocate, Mumbai
45461 Answers
2671 Consultations

5.0 on 5.0

1. The second marriage of your father without obtaining divorce from his first wife is illegal. Your mother can prosecute him for adultery and bigamy.

2. Your mother can also claim financial support from him by filing a case for maintenance against him in the court. This is a duty he cannot avoid as husband. This apart, your mother can also claim heavy compensation from her husband for the harassment which she has undergone.

3. However, neither you nor your mother has any share in the properties of your father.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, as per law the second wife has no right to claim the property of her husband during his life time.

2. And as per law Hindu can't marry a second wife during the subsistence of first marriage so you can lodge a police complaint for bigamy.

3. As far as property is concerned if the property is  self acquired property  he can dispose of to any person and if the property is ancestral then he can't do anything he can't alienate the property without consent of the children of first wife.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Since all the children of your father i.e., yourself, your brother and sisters are adult and have married and settled down, nobody can claim maintenance from your father.  I presume all the properties standing in the name of your father are  his self acquired properties including the FDs. Given the situation, neither you all nor your mother can legally claim any share in the immovable or movable property of your father as legitimate right.
Your mother can claim residential rights, but since she has been allotted with the house in which she is residing now, she is not entitled to further rights in his property.  She can claim monthly maintenance under section 125 Cr.P.C..  She can lodge a complaint against your father for the offences of bigamy.  She can file a suit to declare your father's marriage with that lady as null and void on the grounds that his earlier marriage subsists and he has a spouse living from his previous marriage. 
Thus, any claim that can be made shall be made only by your mother that too on the above lines alone, especially during the life time of your father. He cannot be restricted from disposing his self acquired property in the manner he desires to and to the person he chooses.
T Kalaiselvan
Advocate, Vellore
35621 Answers
386 Consultations

5.0 on 5.0

Dear Querist
immediately file a criminal complaint against that lady u/s 494 of IPC for the offence of bigamy.

and also file a civil suit for declaration against this marriage and try to declare this marriage Null & void.

if the court declare this marriage null & void then that lady will have no right over the property of your father by any means. apart from this she will be prosecuted as per law.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

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