Husband remarried without divorce can I get maintenance for children


My husband is living abroad(usa) since 15 years I have 2 kids living in India.He and my inlaws never allowed me to go usa . He comes once a year or one time in 2 years,sometimes sends money.I have no relationships for past 10 years. Now he is interested in kids only.I asked for divorce many times but he ignores me.suddenly i came to know he is remarried at USA showing in marriage certificate that he is divorced.I am working and educated and till now i have fulfilled all responsibilities of kids and mine.He and I wants kids to take higher education abroad if n can i get financial help-

Answers (4)


74 votes

Marrying again without taking a divorce is an offence under the Indian Penal Code. You can approach the appropriate legal forum for the redressal of your grievances. As far as the issue pertaining to divorce is concerned, you can file a petition for the same as remarriage without obtaining divorce is itself a ground for obtaining the same and you can also file a suit for maintenance for yourself and the children.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

216 votes

Dear Ma'am,
You can file a criminal complaint against him as your husband second marriage is illegal as you are not divorced.
secondly kindly share the gender of your children and their age accordingly as you can seek for their maintenance, education and marriage.
If you wish to seek divorce you can as you have a solid ground for the same.
Please feel free to contact the undersigned in case of any query.
Regards
Pragya Wazir

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
179 votes

Surely it's the cheating committed by him against you and for sure you are liable for a legal action against him and can also take a divorce and claim for the maintenance and for all other clarifications feel free to contact me and also you can fix a meeting with me anytime

245 votes

Yes you will definitely get maintenance for your kids. You should file maintenance petition under section 125cr.p.c for your kids........................................................?.......??......?..?........................

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles