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regarding domestic violence and 420


12-Sep-2023 (In Criminal Law)
my sister living separate to her husband due to domestic violence. now her husband live in relationship with other girl. our three cases pending in district court yamuna nagar. i dont know about that girl. but now that girl and my husband have a new born baby in hospital. is it legally right or not please tell me
Answers (4)

Answer #1
600 votes
Hi,
No it is not legal, you should take records of thier new child and collect the record of the child's father, if the your sister's husband have a name in the column of child father with mother name then it is count as a proof for bigamy under 494 IPC.

Thanks & Regards
Puneet Sharma
Answer #2
910 votes
Your sister has filed three cases....you have not mentioned the nature of cases, however firstly I suggest you not to file divorce case. Now regarding your query whether the baby is either legitimate or illegitimate baby it hardly matters it will not effect his or her rights even the lady who is in relation with the husband can claim maintenance.
Answer #3
938 votes
madam/sir,

you can file case under bigamy if your husband had contracted second marriage.

complaint under section 420 not maintainable in marriage cases.

As far as case is concerned u can file complaint or case against that women for damages and stealing the affection of the married man and spoiling the cordial relationship of man and wife
Answer #4
818 votes
This a a case of adultery committed by the husband of your sister and therefore it is definitely a crime committed by him. Your sister can take this as a ground to file for a divorce. It should also be brought to the notice of the Court in the pending cases.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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