Married for 11 years, husband filed divorce case and before the judgement he remarried.
2 years ago
married before 11 years still no child my husband filed divorce case still is being pending in court not even hearing started. we are living seperatly for the past 1.5 years we lived in abroad, both us earned, my salary doubled from my husband's and tranferred all in his account only. now he got another marriage ,now what can i do in this situation can i recover my jewels and money from him in legally? he refused my earnings. please suugest me correct solution.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap apne husband ke khilaf police me complaint file kare ki uske dawra dishri marriage ki gai hai. Jabki usne mere se koi divorce nhi liya hai. Hindu law ke anusar first wife se jab tak divorce nhi hota hai tab tak dushri marriage nhi ki jaa sakti hai agar ki gai hai tab vah marriage viod hogi. Aap ke husband dawra criminal offense kiya gya hai.
Aap apne husband se paisa or gold aadi ke under section 406 IPC ke antar gat case file kar sakte hai. Aap or bhi proceedings apne husband ke khilaf police me kar sakte hai.
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Aap apne husband se paisa or gold aadi ke under section 406 IPC ke antar gat case file kar sakte hai. Aap or bhi proceedings apne husband ke khilaf police me kar sakte hai.
Please rate my answer
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A.Dear Madam,
You can lodge police complaint for recovery of your jewelers under Section 406 of IPC further may file another complaint for the offence of bigamy under Section 494 of IPC and thus bring pressure on him to return your amounts paid to him.
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You can lodge police complaint for recovery of your jewelers under Section 406 of IPC further may file another complaint for the offence of bigamy under Section 494 of IPC and thus bring pressure on him to return your amounts paid to him.
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A.See you can fight your ongoing case of divorce properly in the court through your lawyer and need to discuss with your lawyer that what exactly you want in that case. Whether you want to let him go or want to maintain the marriage. Your lawyer should accordingly fight and argue the case in the court. Regarding getting the jewelry and your earning it depends on how your divorce case is going to take turn.
In case you decide to end the marriage then you can seek to get the streedhan and all your belongings. Simultaneously you can invoke the Section 494/494 of IPC against him ti build the pressure in him
In case you decide to end the marriage then you can seek to get the streedhan and all your belongings. Simultaneously you can invoke the Section 494/494 of IPC against him ti build the pressure in him
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Under Section 494 of the Indian Penal Code,1860, as amended up to date, "Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
It is necessary on your part to take immediate legal step( before completion of your Divorce) against your husband on the ground of Bigamy under Section 494 of the Indian Penal Code,1860, as amended up to date. During subsistence of first marriage,that second marriage is illegal and for that offence, your husband can be imprisoned for a maximum period of seven years, and shall also be liable to fine.
For return of all your Streedhan, you can file a separate application before the Judicial Magistrate u/s 406 of the Indian Penal Code,1860, as amended up to date,against your husband on the ground of criminal Breach of Trust and he is bound to return your earnings which you had transferred to his account, along with your jewellery and other streedhans. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
It is necessary on your part to take immediate legal step( before completion of your Divorce) against your husband on the ground of Bigamy under Section 494 of the Indian Penal Code,1860, as amended up to date. During subsistence of first marriage,that second marriage is illegal and for that offence, your husband can be imprisoned for a maximum period of seven years, and shall also be liable to fine.
For return of all your Streedhan, you can file a separate application before the Judicial Magistrate u/s 406 of the Indian Penal Code,1860, as amended up to date,against your husband on the ground of criminal Breach of Trust and he is bound to return your earnings which you had transferred to his account, along with your jewellery and other streedhans. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
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A.Hi,
If you have contributed to the purchase of jewels and the money belongs to you, then at the time of divorce, these can be recovered from your husband. If he refused your earnings, then those cannot be recovered.
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If you have contributed to the purchase of jewels and the money belongs to you, then at the time of divorce, these can be recovered from your husband. If he refused your earnings, then those cannot be recovered.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Maam since the divorce petition is pending before the court, therefore, the second marriage of your husband will not be considered legal under the HMA. You can reach out to a lawyer to fasten the process of divorce and then seek maintenance from your husband. Another way is through the restitution of conjugal rights. You can also take that course into consideration as well.
Thank you. Kindly rate the answer.
Maam since the divorce petition is pending before the court, therefore, the second marriage of your husband will not be considered legal under the HMA. You can reach out to a lawyer to fasten the process of divorce and then seek maintenance from your husband. Another way is through the restitution of conjugal rights. You can also take that course into consideration as well.
Thank you. Kindly rate the answer.
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