90,000+ Legal Questions Answered
Bigomy marriage
3 years ago
I filed divorce against my wife in 2017 , she filed 498 case and interim maintenance against me. Now in , 2021, she has done 2nd marriage and coming pregant to fight the case for getting money from me. My requirements are I want divorce and dowry case closed. When I went to police they are not taking complaint against her, saying divorce case is in court. Now, to relieve myself because of her bigomy marriage. What should I do?. My lawyer supporting her telling a women can live with anyone and you have to pay heavy maintenance money.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.police will not take.
you are lucky if she done such big mistake.
use this opportunity properly.
approach HC for quashing 498A and Divorce.
you are lucky if she done such big mistake.
use this opportunity properly.
approach HC for quashing 498A and Divorce.
Helpful
Helpful
Share
A.Hi,
Approach HC for divorce on grounds of second marriage and quashing the compliant under 498A.
Approach HC for divorce on grounds of second marriage and quashing the compliant under 498A.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Approach the HC under WP to seek divorce on ground of second marriage of your wife. Your maintenance would be limited. You can also approach the HC to quash 498A case.
Approach the HC under WP to seek divorce on ground of second marriage of your wife. Your maintenance would be limited. You can also approach the HC to quash 498A case.
Helpful
Helpful
Share
Ashok Chaitanya
Responded 3 years ago
A.Dear Client,
Plz appreciate, the case of divorce and criminal case u/s 498A IPC are two different and distinct cases independent of each other. The adulterous life of your wife, if proven on the basis of material evidence, would surely strengthen both of your cases. Since, the divorce petition is still pending before the Family Court, as such, the marriage between you and your wife still subsists and consequently, the second marriage of your wife is void, means that marriage does not exist in the eyes of law. In that case, your wife may not be entitled for maintenance as she is leading adulterous life and has left your company without any cogent reason. Since, you have not given the facts of 498A IPC case, as such, I am not making any comment. However, please note, this can come to an end in three ways, firstly- after completion of trial when the trial court pronounces judgement, secondly- if your discharged by the trial court in case you make out your case for the same in accordance with law, and thirdly - by quashing of FIR and consequential proceedings by High Court. For this, you need to sit with your lawyer with the file and discuss the case. Until entire facts and case file is available, it may not be proper to give any advise on the same.
Regards.
Plz appreciate, the case of divorce and criminal case u/s 498A IPC are two different and distinct cases independent of each other. The adulterous life of your wife, if proven on the basis of material evidence, would surely strengthen both of your cases. Since, the divorce petition is still pending before the Family Court, as such, the marriage between you and your wife still subsists and consequently, the second marriage of your wife is void, means that marriage does not exist in the eyes of law. In that case, your wife may not be entitled for maintenance as she is leading adulterous life and has left your company without any cogent reason. Since, you have not given the facts of 498A IPC case, as such, I am not making any comment. However, please note, this can come to an end in three ways, firstly- after completion of trial when the trial court pronounces judgement, secondly- if your discharged by the trial court in case you make out your case for the same in accordance with law, and thirdly - by quashing of FIR and consequential proceedings by High Court. For this, you need to sit with your lawyer with the file and discuss the case. Until entire facts and case file is available, it may not be proper to give any advise on the same.
Regards.
Helpful
Helpful
Share
A.Dear Sir,
You may file WP in High Court and take a direction that divorce is automatically happened when your wife became pregnant.
You may file WP in High Court and take a direction that divorce is automatically happened when your wife became pregnant.
Helpful
Helpful
Share
Vaidehi Samant
Responded 3 years ago
A.You in person address before the Court that your wife has illegally performed second marriage without divorcing you and that she is also pregnant from that man and such adulterous wife cannot be granted any maintenance from the husband (ask your lawyer to search judgements in this respect). But better also go with evidence when you address this before the Court like her marriage photographs etc.
Helpful
Helpful
Share
Read Related Answers
Marriage problem
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
My wife hardly stays with me what should I do
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Divorce case
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Husband harrasment
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
Mental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam,
Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
