• Bigamy by a husband

This regarding the bigamy by my father

without getting into details of the pain that my mother, me and my brother are suffering i would give provide brief of the matter.

around 20 years ago, my father did second marriage with a lady. Ever since my mother has left the house few times due his violent behaviour and came back after promises from my father that he will leave the lady. He has accepted in from people that he has married twice.

At present, my mom has left the house. My father stays with the lady he claims is his wife. My mother left the house because one day she confronted with my father about this and he fought with her, (Physical and verbal abuse are normal in my house since we belong to the family where husband rules everyone and everything). this happened a year back so it has been a year since my father is staying with his second wife. 
Before this he was staying at his second wife for few years but for property purpose, he requested my mother to come back and stay with him promising that he will break all ties with the lady though he did not.

all my relatives have accepted this lady as my father's second wife. currently my mother stays at her sister's place and finds it difficult to make ends meet. i stay with father since me and my mother have decided that i can be a witness in a legal case takes place. so yes, my father stays with his second wife and me. my brother stays with my mother. We take care of finances for her. since he has job, i have a job too and my mother also earns little via insurance business.

Just to see if this can help, my father within past year did accept in front an office from women's wing of CBI  that he has married twice.

I am seeking the advice that can my mother file a case? if yes, what are her chances to win? what is the legal process you will advice? and if anyone can take this case, it would be helpful ? I am ready to pay the respective fees. Though we do not have big monetary support but i will pay the fees

I am writing this with a hope that i find a reliable lawyer who can help my mother. My father owns several properties and is financially well settled hence he has power of money with several friends at police and CBI level.

Regards,
Pratik
Asked 1 month ago in Family Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) your mother can file complaint of bigamy against your father under section 494 of IPC 

2) she can also file case under section 498A of IPC against her husband for continuous acts of cruelty 

3) she can file DV case and seek maintenance  , alternative accommodation , compensation for mental torture undergone by her 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
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1) there are number of lawyers on this website from Bombay 

2) you can contact any of them  
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1. Collect evidence that your father has married the other lady. His just confessing before people will not help. Collect evidence in the form of audio/video recording proving that he is leading a married life with that lady.

2. After that let your mother file a police complaint bringing the charge of bigamy against your father.

3. If the above charges are proved, your father may be punished by a jail term of a maximum period of 7 yratrs.

4.Your mother can simultaneously file a DV case, inter alia, seeking maintenance from your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. You can visit the Court where your said matter will be heard and witness the arguments forwarded by various lawyers to chose one of them  based on your liking.

2. Alternatively, you can also google search your lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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Your mother can launch the criminal prosecution of her husband for bigamy which is an offence punishable with an imprisonment of up to 7 years. To prove bigamy one requires documentary evidence in the nature of documents which can show that he is married to his second wife, as opposed to oral evidence. If your mother has such evidence, or can unearth it, she does not have to worry about her husband's contacts with CBI and ilk.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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You can speak to any lawyer from this portal.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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Contact Mr. Ajay Sethi. He is from Mumbai and able to help you.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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If there is concrete proof to prove that your father has married another lady and is living with her by driving away your mother, then your mother can very well lodge a police complaint for the offences of bigamy agaisnt your father.

If proved he can be jailed for seven years. 

You can initiate the action for your mother by taking her to the police station.
T Kalaiselvan
Advocate, Vellore
13908 Answers
127 Consultations
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Can you recommend a lawyer with whom i can talk and go ahead? I know none.

You have to search for a lawyer yourself, you can find one from the panel of advocates of this forum too. 
T Kalaiselvan
Advocate, Vellore
13908 Answers
127 Consultations
5.0 on 5.0

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