Legal Question in Family Law in India
I am a christian lady and was married to a christian guy many years ago per the Special marriage act. We later divorced in the court. During my marriage I was enticed into a relationship with another man who was also married who promised being in love and marriage to me. I fell into his trap and started a relationship with him. He promised to divorce his wife and also asked me to divorce my huband, during the marriage he got me pregnant and that was the reason my husband divorced me. However, it took a while for the divorce to get through. Meanwhile, this other guy who is a hindu continued with me but changed knowing that i was alone and helpless now. He kept promising to divorce adn continued with his relationship with me. 3 more years passed by and then one day I decided to end the relationship. He convinced me again that his divorce was almost through. However, he got me pregnant then and said that we had to get married as we cannot wait for the baby would be born out of wedlock otherwise. We got married in the 4th month of my pregnancy and my divorce with first husband came through by the 2nd month of my second marriage. However, the first husband had left home and relationship with me 3 years ago.
However, the second husband did not tell me that he was not yet divorced and made me believe that this was a legal marriage. Now it has been 9 years of marriage and a child and i have come to know that he has been cheating me all this while. His first wife is still with him in his parents house and he also lives with me. He has started another affair with another woman and wants to leave me now. He is not paying me anything for my expenses or my son's expenses and just abandoned us. What are my rights?
2 Answers from Attorneys
It is adviced that you consult a local lawyer. From the facts you have mentioned, your second marriage is void. However you have various options available under provisions of law to claim maintenance and other benefits for yourself and your child. Consult a local lawyer with the papers of your marriage and divorce. You may mail me at [email protected] for further queries if any.
Yes, you may file a criminal complaint under Indian Penal Code with the local police. It is a non-bailable offence.
You may also file a complaint under Domestic Violence Act for compensation and maintenance.
You have not mentioned the state in which you are. Be as that it may, you may approach a private lawyer or you may also approach State Legal Service Authority for free legal aid for filing these complaints. Being a woman, you are entitled to free legal aid in all the states of India. Being woman, your economic status has nothing to do with such legal aid.
Good luck
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