Can father have a second marriage after ex parte divorce
20-Mar-2023 (In Family Law)
my mother is the first wife of my father and not divorced.he got second marriage with expartee divorce.but that on court notice he changed my mother's address and he put a address of him.he is the petitioner and he only received my mother's court notice.so we dont know about the court notice. so court granted a expartee divorce in 2003.my mother reopened that case.finally court dismissed my father's petition and cancelled his divorce. my father is a telangana state govt employee.80000 rupees salary per month. we are two. one sister age 27 years.unmarried.my age 29.my father not ready to do sister' marraiage and not ready to give any ancestral and self aquired property.my mother complened in police station for second marriage 2003 and recently this month second time..but they not file FIR.1.govt employee can do 2nd marriage ? how will be punished under conduct/service rules?2.he got second marriage in 2003. can we file 494 or other section in court ?he will be punished for put a wr
You say the court notice is sent to your father's address & not to your mother's address. Shall I take it on assumption that your mother and father are living separately. What did the court observe while dismissing your father's petition for divorce. The judgment had to be gone through for giving a correct advice for maintaining a criminal complaint against your father. You cannot force your father through a Court of law to perform marriage of your sister. It is the responsibility & moral obligation of your father. You or your sister also cannot claim maintenance from your father.
Madam,
You must have legal assistance for filing criminal cases. Your mother must establish second marriage of your father. Otherwise your father will not be punished. Strong proof to show to the court that he married another woman like wedding card, marriage photos, videos etc., Otherwise your father will escape from punishment. If police authorities did not register case, your mother will file a private complaint before magistrate by showing to the court copy of the complaint filed before police and their inaction on it. As per Hindu Marriage Act no spouse living can marry another person and it amounts to bigamy an offence punishable under Section : 494 of I.P.C. Your mother must move police authorities to take action against your father. If they did not do the same, she may file a complaint before higher authorities like Commissioner of Police, Deputy General of Police, Registrar of High Court and Home Minister by issuing copy of Police Complaint and the action that Police Authorities did not choose to take on the complaint placed by your mother. If an employee married second time while first marriage is subsisting it amounts to an offence. Your mother must prove the same beyond any reasonable doubt to the Court by producing photos, videos, ration card, voter card, adhar card ids.
You must have legal assistance for filing criminal cases. Your mother must establish second marriage of your father. Otherwise your father will not be punished. Strong proof to show to the court that he married another woman like wedding card, marriage photos, videos etc., Otherwise your father will escape from punishment. If police authorities did not register case, your mother will file a private complaint before magistrate by showing to the court copy of the complaint filed before police and their inaction on it. As per Hindu Marriage Act no spouse living can marry another person and it amounts to bigamy an offence punishable under Section : 494 of I.P.C. Your mother must move police authorities to take action against your father. If they did not do the same, she may file a complaint before higher authorities like Commissioner of Police, Deputy General of Police, Registrar of High Court and Home Minister by issuing copy of Police Complaint and the action that Police Authorities did not choose to take on the complaint placed by your mother. If an employee married second time while first marriage is subsisting it amounts to an offence. Your mother must prove the same beyond any reasonable doubt to the Court by producing photos, videos, ration card, voter card, adhar card ids.
Here you are saying that you fatherhe is a government employee and earning Rs. 80,000/- per month. You did not specify clearly there are ancestral properties. If you are having ancestral properties then you being the grand children can go for partition of the properties. Further your mother can file a case under section 494 IPC if you have the proofs to show that he married during the subsistence of the first marriage. When a criminal complaint is filed against the government employee and if any warrant is issued against any person it reflects his service.
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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