Case filed against bigamy, DV and criminal intimidation
Hi, iam a married female with one child and pregnant with the second one. My husband deserted me when I was 1 month pregnant wit second baby. He forced me to abort the child and when I didn't he vanished. After contacting the police and looking out for him came to know that he had not divorced his first wife and married me also. Now he has fled to Australia with his first wife. Fir has been registered 6 months back and police officials are not filing chargesheet since husband not traceable for statement.After sending 3 summons court has issued intimation to issue exparte orders against my husband and exparte orders against my inlaws.post 2 months a lawyer appeared on behalf of my inlaws and asked to set aside the exparte order.
Its almost 6 months now and there is no trace of my husband. Although I have all proofs of claims made but then now somewhere I'm stuck to proceed the case or withdraw, since its me who has to take care of both the kids now. Husband has vanished and living his life nicely. My lawyer says that if I'll withdraw I can be sued for defamation even though I have proofs of my claims made. Judge has agreed for set aside of exparte orders also. Please guide me what course of action can I take.
Also since my marriage is bigamous now, can I provide my husband name of my child birth certificate. Iam due next week.
Asked in Family Law from Mumbai, Maharashtra
1. There is no sense in withdrawing the case,
2. Since your in laws have appeared they shall have to submit their version,
3. Meantime you try to collect your husband's address at Australia for sending him summons,
4. If the charges against him are proved, he will go to jail and he will be brought back by impounding his passport and also with the help of indian consulate at Australia,
5. You shall have to pursue the case to its logical end at all costs.
From your contents it appears that your marriage with him is null and void because his first marriage subsists as on the date of this second marriage.
Though you may not be eligible for the status of wife since your marriage with him shall be treated as null and void, your children are his legitimate children hence you should not hesitate to mention his name as the biological father of your children.
You should not withdraw the domestic violence case too. Let the exparte order be set aside, it will benefit you once somebody appears to argue the case. In the meantime you can file for residential rights and enter into your husband's house being your matrimonial house, let them deny your access, you may take the help of police for your protection.
You can file a cheating case against your husband for cheating you by marrying you suppressing the fact of his subsisting marriage.
1) you should not withdraw the case
2) even if exparte orders against in laws are set aside you can continue the case
3) in las will have to file detailed reply and fight the case filed against them
4) you can obtain exparte orders against husband
1. Has the warrant to arrest been issued by the court against your husband? If the warrant has not been issued then it should be got issued. Your husband can be arrested from his place and brought to India to face the trial.
2. Setting aside of ex parte orders should not be seen as a setback by you as the courts do not ordinarily refuse to set aside ex parte orders with the object to provide a fair opportunity to the opposite party to contest the case.
3. You may eventually have to move the High Court to bring your husband to book.
4. The bigamous nature of your marriage does not terminate the relationship between your husband and his son. So you are required to provide his father's name in the birth certificate.