Legal Question in Civil Rights Law in India

Dear Rajiv Gupta Sir
I have 125 CRPC Ex Parte Order in my favour in a case with my husband which states that "From the Evidences it is seen that the petitioner is the wife of the opposite party" on the basis of this i have been granted maintenance amount of Rs.500/- in 2002 . He is paying this maintenace amount from time to time.
The above order is an Ex Parte Order and also i have got one Ex parte RO in a domestic voilance Act Case.
Our Differenent Cases are as follows:-
1.In a Civil case he has denied having any relationship with me and he has sought the relief not to enter my name in his service record ( He has given the name of his mistress ) and not to claim any share in my property.
2. In my domestic voilance act case also he has denied having any realtions with me and he has sold our house anyhow i am there at my house by virtue of a Ex-Parte R.O. (I have submitted an affadavit for it) which states i should not be allowed to vacate the house till the disposal of this case.
3. I have also Filed case under section 494/498A/506 of IPC under which charge sheet has been submitted in the court showing me as the first wife.
My husband is 62+ and i am 56 . The Above cases are pending in the court and I think in case of his death i might be in trouble .
Dear Sir, Just wanted to ask the above 125 CRPC order cant serve the purpose of the declartion of legally married wife . I have all the marriage photographs,id and address prooof. If i file the case for this declaration it might take another long and i will be in trouble. Please suggest what i should do to save my interest.
I have a son who is 32 but he is not employed yet ,my husband is not accepting him as his son and not ready to give any share in his property and he has sold almost all his property.
I have seen in the papers recently that there is amendments for the womens 50% right in the husband's property has come also.

Asked on 6/04/12, 10:06 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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has he filed the civil case. what relief is he seeking in the civil case? as per your orders, it is clear that you have a strong case as you got the residence and maintenance order and at the same time, you have lodged a case of bigamy against him. in case he is denying the paternity of your son, you may go for DNA test. the property distribution law is not notified as yet. in case he has sold the entire property, you may not be able to do much but in case he has not sold it as yet, you may seek stay against the sale in your DV case only.

Answered on 6/05/12, 12:03 am

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