Legal Question in Family Law in India

It is surprising to read that now you are residing at UAE along with your Husband. If so are you under his sponsorship? whether you are working or only a housewife? How did he manage to bring you here, without any Marriage Documents? Do you have any Marriage Certificate? Does his Passport mention your name as his wife? What about your Passport, does it contain his name? Do you have any child? Beware that in UAE, you will get caught in legal twists, if you say that you are not Husband and Wife legally.

What about his 1st Wife, is she not in contact with him? Presuming both of you to be Hindus by religion, if the 1st wife had a valid Marriage, your Marriage would be illegal. Only after he gets the 1st Wife divorced through a Court of Law, only then can he Marry you legally. You would not be eligible for maintenance, but if you have a child, it would be eligible for Maintenance.

For further clarifications, you may mail to [email protected] or call on 050 2104389.

My first concern is answers to your questions. Your marriage with the young man is not a valid marriage. In fact you are not his lawful wedded wife. In fact, the young man has committed not only crime of bigamy but has also committed forgery by concealing the fact of earlier marriage and by submitting false documents before the Arya Samaj Mandir at the time of his marriage. (Assuming he submitted an affidavit). First Wife has the right to take action against the husband, since she is the lawful wedded wife. On what grounds your husband will ask divorce? He has no grounds unless first wife agrees for mutual consent. The remedy has many big if if if if if if if if if if if if ! First he should get divorce from first wife. He must marry with you after the divorce. Mere divorce of husband from first wife will not make your marriage legal.

I agree. However, your status and rights/options are :

(a) Your marriage is void - your status is that of "live-in" together outside of marriage.

(b) You may be entitled to not only maintenance but also damages under D.V.A.

(c) You may take an immediate action against your husband by - separating from him and then lodging a criminal complaint of cheating. If you do not do that now, your may loose your right of taking criminal action of cheating (420) as your living with him will amount to "condonation" of his fault.

You need to take appropriate decision at the earliest.

His wife (or first wife) is entitled to maintenance as also inheritance rights.