Second Marriage without annulment of first marriage
3 years ago
We are a family of four. Around 2008 my mother started having mental illness. My father was posted in different city. The situation did not get any
better and after some 3-4 years we came to know that my father had remarried without our knowledge. Around 2012 they had a daughter, the other woman was aware of us.
We were children at that time and our mother was ill, we were helpless. In these years, he rarely used to visit us. My mother has not yet
fully recovered.
Now my father has retired and we wish to know what course of action we should take so that the situation is remediated and my mother gets secured financially and that woman
doesn't interfere in our lives ever.
The second marriage would be invalid as your father was already legally married at the time it happened.
You mother can file for divorce on the grounds of adultery, she can also expect a settlement amount from our father. This amount will be determined on the basis of his earning capacity and available assets. Until the final amount is determined, you can claim interim maintenance from him under S.125 CrPC.
Your siblings and you can claim a share of any property your father possesses.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file a suit claiming maintenance from your father. He has a duty to support his wife until the children have attained the age of majority. This duty towards your mother persists, and ends only in death or the event that she remarries. Until the final amount is determined, you can claim interim maintenance from him under S.125 CrPC.
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Advocate Niyas Fazal A
Responded 3 years ago
2) If he has property file pertition suite.