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Clarification /guidance in divorce case
22-Feb-2023 (In Divorce Law)
I am Shankar (41) Hindu got married my wife (34) in 2010 having a daughter aged 10+ yrs. In June 2021 my wife went to her parents village with our child. Also she filed divorce case in Nagercoil Court . On summoning I attended 3+ hearings also counselling session.She is not pacified on my requests. She is stubborn in getting divorce, but I do not want divorce.Suddenly she married another man in her village in Dec 2021 before getting legally divorce. Now they are living together. I did not complain considering shame.
Now I want to be guided in the following. 1. Whether I can claim my daughter with me thr court. 2.If I lodge complaint with Police what will be the position. 3.If I give my concern for divorce whether I have to pay alimony/ maintenance. ( I am not regularly employed) what else she can claim from me. I want my child. Pl guide
Without legal dissolution of the first marriage, the second marriage is invalid and it also amounts to bigamy which is a criminal offence. Another point is that your wife filed the divorce petition and she married again illegally. Therefore she has defrauded the court and it is another crime. You do not need to pay for the wife but for the child. You can have visitation rights to visit your child.
Helpful?
Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
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Dear Shankar,
1. you can claim your daughter,
If you prove that your wife was in illicit relationships living a immoral life against to law which definitely spoils your daughter's future
2. you can also file a police complaint in concerned police station against your wife and book her under bigamy.
3. if you proved that your wife was in adultery or bigamy you no need to pay any maintenance but as for your daughter is concerned you definitely have to pay a suitable maintenance amount in respective of your status and income.
1. you can claim your daughter,
If you prove that your wife was in illicit relationships living a immoral life against to law which definitely spoils your daughter's future
2. you can also file a police complaint in concerned police station against your wife and book her under bigamy.
3. if you proved that your wife was in adultery or bigamy you no need to pay any maintenance but as for your daughter is concerned you definitely have to pay a suitable maintenance amount in respective of your status and income.
Helpful?
Adv. Thangavel Krishnan
Erode | 25+ Answers
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she now ineligible for maintenance. if the second marriage is being brought to the knowledge of the court then divorce is automatic. child custody case has to be filled. you have to establish that you are financially well and seeking child custody. if the daughter refuses then no use.
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Adv. Murali Krishnan Sanjeevi
Chennai | 500+ Answers
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