Filing maintainence
1 month ago
I m married since 18 years.i lived with my in-laws in their house before 3 years my husband got married with another woman although he was a womaniser alcoholic nd addicted.i was also the victim of mental and physical torture...my inlaws threw him out of home after 2nd marriage but gradually the came in contact with their son nd brought them back.he tortured his second wife too.now I came back to my paternal house nd I want a maintainence for me and my kids.
A.Dear Client,
Under Section 17 of the Hindu Marriage Act, 1955, engaging in a second marriage without obtaining a legal order of divorce annulling the earlier marriage is considered bigamy. This act is deemed illegal and a criminal offense in India. The crime of bigamy is punishable under Sections 494 and 495 of the Indian Penal Code (IPC), constituting a non-cognizable offense.
Engaging in bigamy is considered a form of cheating under Section 415 of the IPC. The spouse who is a victim of bigamy has the right to file a complaint against the erring partner for entering into a second marriage without obtaining a legal divorce from the earlier marriage.
Both parties in a marriage, regardless of bigamy allegations, retain similar rights to claim maintenance and alimony under the Hindu Marriage Act. In divorce cases under the Hindu Marriage Act, 1955, both spouses are eligible to receive maintenance from each other. If bigamy is committed, it can serve as grounds for seeking divorce, provided all the necessary legal criteria for bigamy are met.
In such situations, it is highly advisable to seek the guidance of an expert divorce lawyer to receive accurate legal advice before initiating any contested or mutual divorce proceedings. Consulting with a legal professional ensures a proper understanding of the legal implications and the most appropriate course of action based on individual circumstances.
Under Section 17 of the Hindu Marriage Act, 1955, engaging in a second marriage without obtaining a legal order of divorce annulling the earlier marriage is considered bigamy. This act is deemed illegal and a criminal offense in India. The crime of bigamy is punishable under Sections 494 and 495 of the Indian Penal Code (IPC), constituting a non-cognizable offense.
Engaging in bigamy is considered a form of cheating under Section 415 of the IPC. The spouse who is a victim of bigamy has the right to file a complaint against the erring partner for entering into a second marriage without obtaining a legal divorce from the earlier marriage.
Both parties in a marriage, regardless of bigamy allegations, retain similar rights to claim maintenance and alimony under the Hindu Marriage Act. In divorce cases under the Hindu Marriage Act, 1955, both spouses are eligible to receive maintenance from each other. If bigamy is committed, it can serve as grounds for seeking divorce, provided all the necessary legal criteria for bigamy are met.
In such situations, it is highly advisable to seek the guidance of an expert divorce lawyer to receive accurate legal advice before initiating any contested or mutual divorce proceedings. Consulting with a legal professional ensures a proper understanding of the legal implications and the most appropriate course of action based on individual circumstances.
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A.Dear Madam,
You may file application under Section 125 of Cr.P.C and get maintenance either from your husband or attaching his assets if any.
You may file application under Section 125 of Cr.P.C and get maintenance either from your husband or attaching his assets if any.
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A.Dear Client,
Under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India. A case of bigamy is punishable under Sections 494 and 495 of IPC, which is a non-cognizable offense. Suppression of crime is also a crime. If a person commits a second marriage without divorce while their first partner is living, it is considered “Bigamy.” Bigamy, as per Indian law, is a punishable offense and can be acted as “cheating” under Section 415, where the wife can file a complaint against the husband for a second marriage without divorcing with an earlier marriage. Both have similar rights to claim maintenance and alimony under the Hindu Marriage Act. In a divorce case under the Hindu Marriage Act, 1955, both spouses are eligible to receive maintenance from the other spouse. So, bigamy, if committed, will be grounds to seek a divorce, provided all the essentials of bigamy are fulfilled. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested/mutual divorce petition.
Under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India. A case of bigamy is punishable under Sections 494 and 495 of IPC, which is a non-cognizable offense. Suppression of crime is also a crime. If a person commits a second marriage without divorce while their first partner is living, it is considered “Bigamy.” Bigamy, as per Indian law, is a punishable offense and can be acted as “cheating” under Section 415, where the wife can file a complaint against the husband for a second marriage without divorcing with an earlier marriage. Both have similar rights to claim maintenance and alimony under the Hindu Marriage Act. In a divorce case under the Hindu Marriage Act, 1955, both spouses are eligible to receive maintenance from the other spouse. So, bigamy, if committed, will be grounds to seek a divorce, provided all the essentials of bigamy are fulfilled. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested/mutual divorce petition.
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