Legal Question in Family Law in India
Hi, I separated from my husband 7 years before. Actually when I gave birth to our son, he didnt took me back to his home. When I contacted him, he told me that as his mother does not likes me he needs some time to convince his mother. Some days later he sent me a legal notice stating that I am staying in my parents place and not coming to him or not taking care of him or his mother. When I contacted him several times he never responded. I didnt know what to do and as I am brought up in a very conservative brahmin family, I thought that going to court is shame and so I wrote him a letter that if he is willing to divorce me that I am ready to give mutual consent but not ready to come to the court. Meanwhile, he got transfer and went to some other place and I could not search for him. After 7 long years, I saw him in my place with another woman and kid and heard that he got married. Is it possible without my consent and signature that he can get divorce. On what grounds can he get divorce without my consent. Except for that one and only notice from his lawyer, I didn�t get anything. Please help me. I feel cheated badly.
2 Answers from Attorneys
if u want than u can file criminal case against him but for that u should go to the police station and give the complaint with above story than police will registered the crime against him under section 420 494 of ipc
if you can prove his second marriage without divorce file a complaint against him for Bigamy under Indian Penal code. you can also file a application for maintenance for you and your child and a petition for Divorce but for all this you will have to be present in the court atleast during filing counselling & hrg.
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