• i want right for me and my daughter from husband

Meri age 24 h or meri ek ten months ki baby girl h meri marriage 2009 me arranged hui jiske six months baad hi hm alag ho gye or usne mjhe divorce k naam pr 100 rs k notary bana kr lawyer k samne dono ne sign kiye the uski original uske pass h or photocopy mere pass h tb se hmra koi contact nhi h mene  2012 me family k against ek ladke se shadi ki hum do saal se ek sath the or pregnancy k 5month me mjhe pta lga ki mera husband phele se hi married h or uske upr dowry,domestic violence or divorce ka case chl rha h. In do saalon me usne or uski mother ne mujhe bhot pareshan kiya h na kisi se milwate the na milne dete khi jane pr bhi rok thi hmesha paiso k liye mjhse ladai krta tha meri mother hamesha mjhe kuch na kuch deti rhti thi Aur ab wo chahta h ki meri family usko us ladki ko maintenance k liye 15 lac de aur jb meri family ne mana kr diya paise dene k liye toh ab wo mjhe rhkna nhi chahta abi me apni daughter k sath family k saath reh rhi hu ab wo mjh se koi relation nhi rhkna chahta h wo ek well educated person h or ek maharatna company govt job h uski k mjhe apna or apne bacche ke rights ke liye us pr case kr skti hu
Asked 2 years ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
1. You are a sitting duck to criminal prosecution for bigamy as you remarried without obtaining divorce from your first husband. The notarised agreement which you made with your husband is a nullity in the eyes of law. Spouses cannot terminate their marriage by making an agreement. 

2. Legally speaking, you continue to be married to your husband whom you married in 2009 through an arranged marriage as your subsequent marriage performed in 2012 is illegal. You have no rights against your second husband as you are not his legally wedded wife. Your second husband can prosecute you for bigamous marriage in the same manner as his wife cannot prosecute him. 

3. Since you are not the legally wedded wife of your second husband you are at liberty to walk out of his house at any time.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
your divorce was not legal so still  you are wife of your first husband & seek all reliefs from him as you are still his wife
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
aap pahle pati ki bibi kanooni hain usi se apne aur beti ke liye adhikar le sakti hain kyonki usse divorce nahi hua court se.
dusri sadi kanooni nahi nai aur koi haq. ahi mil sakta.bulki aal par bigamy ka case ho sakta hai.just leave second home a.d husband.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Aap ki  second shadi valid nahi hai so you will not get any right like maintenance etc but your daughter from second marriage is not illegitimate and hence she has right to claim maintenance,education, marriage etc from her father i.e. your second husband.Hope now it is clear to you.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Your daughter can claim maintenance form her father notwithstanding that your marriage is illegal.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Even if you give divorce to your first husband it will not validate your second marriage. Since your marriage itself is illegal you have no rights which accrue to a married female against her husband.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1)your second marriage during subsistence of earlier marriage is void . 

2) notarised divorce agreement has no legal sanctity . 

3) 
your daughter from second marriage can seek maintenance from your husband
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
if you divorce your husband now then you have to remarry your 2nd husband after divorce then only this marriage after divorce can be legal
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0