Legal Question in Family Law in India
Remarriage and law
Dear Sir,
My sister has been married to guy from last 6 years and they lived happily and had a child; [the marriage was arranged love marriage] after 3 years of their marriage my brother-in law decided to move to some other place without consulting my sister, who is lecturer in one institute and later asked her to join him and resulted into quarrel and fight; but it didn't worked out since my sister wants to work and he couldn't find suitable job in the new place, so they lived separated for almost 3 years without divorce. Now I heard that the my brother in law has remarried someone without anybody knowledge.
My question is what can we do from here and is it a good case against my brother in law; I am not in India at the moment but would like to know about the case we can file against him and how can we sue him. Any answer will be great help.
Thanks.
7 Answers from Attorneys
Re: Remarriage and law
He can be sued for bigamy.
Apart from the criminal action, it may be advisable for her to file for divorce and get same; and if she so wishes, to also apply for child custody and get it.
Re: Remarriage and law
you can surely sue the brother in law and for that you need to constitute an attorney. he could be any of your relative, friend or even your lawyer in India. that person would represent in the india courts and action can be initiated. the power of attorney has to be either attested by the notary public or indian consulate. you may call me at +919811284735 for further information
Re: Remarriage and law
Prosecute the husband for committing the offence of bigamy.
You sister may obtain divorce if she so desire
Re: Remarriage and law
if you have proof of second marriage you can prosecute your brother in law for biagamy
Re: Remarriage and law
this can be a case of bigamy and you can surely file a criminal complaint provided you must have a proof of second marriage.
please contact personally. professional charges are applicable
Re: Remarriage and law
A person marrying, if the spouse if living, is guilty of bigamy; the wife can file a criminal complaint against him provided she has proof of second marriage by the husband;
on family front, the lady seems to be at fault because she was supposed to live with the husband at his place of work;
since they are separated for the last three years, it is better that the dispute is settled amicably and the couple is divorced.
please let me know (a) who has custody of child; (b) whether the lady is still working / earning??
Re: Remarriage and law
This is a case of bigamy on part of your brother in law for which he can be prosecuted and punished.Your sister can also seek divorce from him on this ground alone.It is a good case against your brother in law.Before making any move you must collect all evidences and proof of second marriage. In case of need you may contact with all details.Professional charges are applicable.
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