178+ Lawyers are online 
Father remarried without divorce,whats my legal rights in his property
30-Mar-2023 (In Family Law)
I'm 23 years old, girl child and I want to ask some questions regarding my father. I absolutely hate him, my parents had a marriage both of them are doctors. My father stays in meerut, UP and when I was 7 years old he left me and and my mom and went to live somewhere else with him family( his mother, 2 sisters) My mother has not taken A SINGLE PENNY till now from him but I suffer caus I'm losing out on many education opportunities because of our financial conditions. My father took a lot of dowry from my grandfather and till date hasn't given me anything. How can a father do this to his own child? He even tried to take a one party divorce from my mother but judge did not allow. Also, he has remarried someone without getting a divorce from my mom. Is that even legal? Please help me out I am also studying law and want to sue him for he has spoilt my mothers life. I want my birth right share, how can a father not worry about his only single girl child and remarry someone. I'm Hindu.
hello
as per your information in hindu marriage act without divorce second marriage is not valid.
second point is every female has the equal right like boy in property belong to grandfather(SC decision 2005). son and daughter have the right in fathers property depends upon his will. but he also have the some rights but he can not denies the right in ancestral property
as per your information in hindu marriage act without divorce second marriage is not valid.
second point is every female has the equal right like boy in property belong to grandfather(SC decision 2005). son and daughter have the right in fathers property depends upon his will. but he also have the some rights but he can not denies the right in ancestral property
Helpful?
13+
13+
Adv. Naresh Kumar
Delhi | 100+ Answers
CONTACT NOW
1. Bigamy (second marriage during the subsistence of the previous marriage) is punishable with imprisonment for 7 years U/s 494 IPC.
2. As far as the share in property is concerned, your mother has no right to get any share in you father's property during his life. The only remedy available to your mother is the right to seek residence in the property of your father. Your birth right share also pertains to any ancestral property (property devolved to him through his father and so on) that your father holds. As far his self acquired property is concerned, he is free to use it as per his own sweet wishes and nothing can be done for that.
3. Your mother can file a police complaint against your father and get an FIR registered against him U/s498 IPC, which is a serious offence.
4. You can file an application for domestic violence against your father, claiming compensation, maintenance and protection orders, while also restraining him from selling off his property in order to evade his liability of maintaining his family. You can also simultaneously claim maintenance for yourself and your mother from your father by filing a petition U/s 125 CrPC, which shall be decided as per his income.
2. As far as the share in property is concerned, your mother has no right to get any share in you father's property during his life. The only remedy available to your mother is the right to seek residence in the property of your father. Your birth right share also pertains to any ancestral property (property devolved to him through his father and so on) that your father holds. As far his self acquired property is concerned, he is free to use it as per his own sweet wishes and nothing can be done for that.
3. Your mother can file a police complaint against your father and get an FIR registered against him U/s498 IPC, which is a serious offence.
4. You can file an application for domestic violence against your father, claiming compensation, maintenance and protection orders, while also restraining him from selling off his property in order to evade his liability of maintaining his family. You can also simultaneously claim maintenance for yourself and your mother from your father by filing a petition U/s 125 CrPC, which shall be decided as per his income.
Helpful?
17+
17+
Adv. Arpit Srivastava
Delhi | 25+ Answers
CONTACT NOW
Technically speaking you have attained majority so you cannot claim maintainence under section 125 CrPC... but there are judgments where court have provided maintainence to major children in special circumstances and you come under those type of circumstances.... yes you can claim maintainences for your studies and educational needs from your father.
And yes you can sue your father for marrying somebody else without giving divorce to your mother.
And yes you can sue your father for marrying somebody else without giving divorce to your mother.
Helpful?
17+
17+
Adv. Akshay Kumar Verma
Delhi | 25+ Answers
CONTACT NOW
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.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
