Legal Question in Family Law in India
marriage
my aunt's husband left my aunt just after 6 month of marriage.my aunt was a teacher in that period so earing her livelihood. never filed a case agaist him. he got married to another woman without divorcing my aunt. but now after 20 years she is unable to earn for herself. is she eligible for filing a case against her husband who is a government employee and having another wife without settling this matter.
9 Answers from Attorneys
Re: marriage
Living with another lady,during once subsisting marriage, is adultrous and per-se illegal
Your aunt is very much entitled to cliam maintenance against her husband when she doesn't have her own earning.
your can make further clarification if any at my email.
Re: marriage
When your aunt is legally wedded wife and there no divorce at all then your aunt, who at present is unable to earn herself, can claim maintenance from her husband. Your aunt can take the criminal action against her husband. For further query contect me
Re: marriage
Yes, of course, your aunt is entitled to maintenance from her husband; even though she my have to explain the delay in claiming at this time, while she has been staying seperately.
Re: marriage
it is a long time more than 12 years! .. but their marriage has not been annulled. so you can file a case to get the marriage disolved and also claim a maintenance... best of luck!
Re: marriage
The answer is big YES. She sure can file a case u/s. 125 Cr.P.C. claiming maintenance for herself if she is not in a position to maintain herself. She can also file criminal complaint for bigamy u/s. 494 IPC against husband.
Re: marriage
your aunt can surely file a case for maintenacne against her husband as well as file a criminal complaint against him for bigamy. the second marriage is void ab initio. your details are deficient and it is advisable you send all the details through my email.
regards
rajiv
Re: marriage
yes she can besides filing criminal matter against him.
though criminal matter will not be so strong but she can claim her rights through civil litigation.
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Re: marriage
Yes,she can claim maintenance from her husband and further she can file a criminal complaint for adultery/bigamy against her husband which shall definately claim his service.
Re: marriage
The gentleman is guilty of an offence of bigamy.
besides, the lady is entitled to maintenance from her husband. The second marriage is no marriage in the eyes of law.
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