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Legal actions a son in law can take against father in law
14-Jul-2023 (In Criminal Law)
Son in law want to file a case against father in law after knowing about his FIL has two marriages. His wife and all in laws hidden this facts from him.Marriage is inter caste both husband and wife are Hindu. Even caste mentioned by them was a lie. As per hindu marriage act one man cant marry two women. But here i think both wives accepted each other. So my question is 1. Will son in law can file case against father in law and which IPC sections are applicable? 2. Can son in law apply for nullity of marriage instead of divorce ?
If the father in law has two wives, and not one of them is aggreieved by that fact then why do you want to disrupt that. Secondly If certain things were hidden from you related to your spouse then you go for divorce. Ground for nullity would b extremely important for example has your wife has married twice, or the age of marriage was not proper etc. And considering the situation, it appears that things were hidden from you which can be a ground for cruelty at the most but not for nullity.
However you are talking about entitlement of son in law filing for bigamy against the father in law. There is no provision which says that only the spouse can file a complaint. So that means you can, but I need not elaborate the rate of success in your case. And u also need to go through section 182(2) of Cr. P. C very carefully because after combining both it appears to be a grey area for the judge for which your advocate will have to persuade him/her. Take care
However you are talking about entitlement of son in law filing for bigamy against the father in law. There is no provision which says that only the spouse can file a complaint. So that means you can, but I need not elaborate the rate of success in your case. And u also need to go through section 182(2) of Cr. P. C very carefully because after combining both it appears to be a grey area for the judge for which your advocate will have to persuade him/her. Take care
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Adv. Mrinal Pillai
Mumbai | 25+ Answers
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If the marriage has taken place recently then ho for nullity if not consumated if done then go for declaration that marriage is void.
And hence divorce.
What is hiked by in-laws is important if consent to marriage was obtain by fraud then see if u can get divorce by declaration of marriage being void.
And hence divorce.
What is hiked by in-laws is important if consent to marriage was obtain by fraud then see if u can get divorce by declaration of marriage being void.
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Adv. Amresh Sharma
Mumbai | 100+ Answers
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