Second Marriage without annulment of first marriage 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.

Anik

Responded 3 years ago

View All Answers
A.Hi,
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.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
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.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Niyas Fazal A

Responded 3 years ago

A.1) She has right to get maintenance.
2) If he has property file pertition suite.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSapinda relationship
Dear Client, Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
question iconIs any legal obligation for me to share the property within my brothers and sister
Dear Client, All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
question iconMy parents trying to control my life they want to control me like papate.
Dear Sir/Madam If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
question iconMoney fraud done by brother
Dear Client, In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
question iconInquiry Regarding Maintainability of GWOP Case
Dear Madam GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory