My husband and I am separely living for 5 years. My husband is living with another lady and now they have a child. What actions can I take? We were married under Special Marriage Act
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You can file for divorce on grounds of mental cruelty and adultery
2) make lady co respondent in divorce case
3) seek interim maintenance and alimony from husband
4) you can also file DV case against your husband seek alternative accommodation, maintenance and compensation for mental torture undergone by you
You cant take any action until they are married.
My husband has already filed a contested divorce
You can collect the evidences for his illicit affairs and acts of adultery including the details of the child born to him out of the marriage.
After that you can file a divorce case on the same grounds.
These days the acts of adultery is not a crime hence you cannot initiate any criminal action for his act of living in with another female during the subsistence of this marriage with you.
Seek interim maintenance and alimony from husband
2) if you don’t want divorce contest the divorce proceedings
Firat of all you should decide whether you want a divorce or not. If not then file a complaint against him for domestic violence.
Also file a case for maintenance.
You should file a criminal complaint against the woman too.
You can seek maintenance from him by proving adultery
If you don't want to give him divorce, you can challenge it to the core and get it dismissed.
You have right to file criminal complaint against him for offence under Section 494 marrying again during lifetime of wife for which punishment is imprisonment up to seven years. Court will order police to register FIR, investigate, produce accused in court and file charge sheet. After trial Court will punish the accused. offence is compoundable/can be compromised. You can settle with him on your terms and compromise the case. File complaint with all proof, you can also seek DNA test of his child. That will undeniable scientific proof.
Dear Client,
Since your husband has already deserted you for 5 years, it is only fair that you officially end your relationship and get a closure and go ahead with this divorce.
Thanks & Regards
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Since, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law,
- Hence, you can file a compliant against him for the said offence before the court .
- Further, if he has filed the divorce petition , then you can also file other cases against him , and can also claim maintenance and alimony from him .
- Further, if you doesn't want to divorce him , then contest the case and generally court not pass order of divorce in favor of husband easily .
- Further, you can also claim residential right from him after filing a compliant under the provision of DV Act.
