2+ Lawyers are online
Husband has two kids before the divorce decree
17-Apr-2025 (In Divorce Law)
Hi,
Wife filled DV case in 2010 against husband and his family and got maintenance with protection right in 2012. Husband filled divorce case in 2014 and got divorce from HC in 2024.
Meantime, during the covid husband had an affair and started living with that lady . They had one kid in 2021 and second kid in 2024 just two months before the divorce. After completing 90 days husband remarried that lady and registered also . What legal complications are there in this relationship?
From a legal standpoint, the husband obtained a divorce decree from the High Court in 2024, and only after the mandatory 90-day appeal period did he remarry and register the second marriage. This means the second marriage is legally valid.
However, complications arise from the fact that he cohabited and had two children with another woman while still legally married to his first wife. This constitutes adultery under civil law (prior to the divorce) and may amount to bigamy if proven that he presented her as his wife publicly before the divorce.
The first wife can raise issues such as:
Criminal Adultery (prior to 2018 decriminalization) – for evidentiary impact in maintenance/enhancement claims.
Illegitimacy of relationship before divorce – affecting property rights.
Maintenance claims for children from the second relationship – the husband is liable to maintain all his children, irrespective of marital status with the mother.
If the second woman was misled or her rights were compromised, she may also have a claim for protection or maintenance under the Domestic Violence Act.
Detailed legal strategy depends on available evidence and timelines. Consult for document review and further action.
Helpful?
Adv. Kiran Ashok Gangurde
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
Chat
there are no legal complications. any children even born out of wedlock are legitimate. there is no need to worry. in case if you have any other queries u can contact me anytime.
adv jenal busa vyas
Helpful?
Adv. Jenal Bharat Busa
Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
Chat
Dear client based on your query, The situation involves complexities in family law, particularly around remarriage, child custody, and domestic violence allegations, requiring legal clarification, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
Helpful?
Adv. Anish Palkar
Adv. Anish Palkar
Mumbai | 200+ Answers
Chat
Well, you could have filed Appeal in a timely manner to challenge the Divorce which he has got from the concerned High Court. There is no provision as such, which tells the Husband to wait after 90 Days of period gets expired to challenge Divorce Decree granted by the High Court in Supreme Court!
Helpful?
Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Pune | 700+ Answers
Chat
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
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
- after mutual agreement Which statement girl should give to close 498a
- If the petitioner (plaintiff) has made any contradictory or inconsiste
- Can I Working Wife Demand For Money In Domestic Violence Case
- Asking own marriage gift and articles from husband can be ground for?
- Send legal notice for divorce and custody of child
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
