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Author Topic: my father married second women without giving divorce to my mother  (Read 1295 times)

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Offline Meksgov320

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Dear Sir,

This is govind. I am only son to my mother. My father left us when I was 3 years old. He married a second lady without giving divorce to my mother by that time. My mother sacrificed her whole life for myself. Now I am 27years old, got married. My father did not take care  either me or my mother till date. He is not responsible about us. He did not give me even single rupee for us. Now I have 5lacs loan to pay which was taken for education .My position was little hard financially. My father has some properties, but he saying that he  does not have anything to give us,when we ask .

What and all rights I have to question him. please suggest us how to proceed legally to get us benefited.

thanks
govind

Offline advamrita

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Re: my father married second women without giving divorce to my mother
« Reply #1 on: August 25, 2015, 02:49:14 AM »
Your mother has a right to maintenance, which she can file.

regarding you, you have attained majority hence you cannot claim anything.

Offline Meksgov320

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Re: my father married second women without giving divorce to my mother
« Reply #2 on: August 25, 2015, 04:00:03 AM »
could you please explain ? right to maintenance means?

please explain how can my mother proceed legally to get benefited.?

Offline adv.amarnath

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Re: my father married second women without giving divorce to my mother
« Reply #3 on: August 25, 2015, 07:39:30 AM »
Right to Maintenance means to get maintenance for her. Your mother is legally married with your father and it is your father's duty to maintain his wife which he have not did for last 25 years more or less. Your mother should have claim her maintenance at very beginning which she did not.

Now it is late to claim for maintenance but not too late. It will be challenging situation to get maintenance after 25 years from her husband where the court will definitely put question how she has survived since then. Further there will be a question that why your father had left your mother. Why your mother had not filed any complainant before local police station. Lots of questions your mother has to face. From my point of view, your mother will get maintenance from your father ultimately.

You don't have any right to claim from your father as you have attained the age of majority but once you father died intestate then the entire property left by him will be devolve upon your mother and you.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Meksgov320

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Re: my father married second women without giving divorce to my mother
« Reply #4 on: August 25, 2015, 08:09:02 AM »
Amaranadh sir,
Thank you so much for your time..

could you please tell me the process? how can I start this ? shull I make my mother complaint in local police station? or need to complaint to higher authority?
tell me the process.

Offline adv.amarnath

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Re: my father married second women without giving divorce to my mother
« Reply #5 on: August 26, 2015, 09:49:35 AM »
If you are satisfied with my suggestions or advices the please click on the 'Applaud' just left hand side of this post.

Your mother have to file a Case for maintenance under Section 125 of Cr.P.C before the Chief Judicial Magistrate.

For further suggestions or help for drafting petition you can call me or send me email given below.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline saravanan.s

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Re: my father married second women without giving divorce to my mother
« Reply #6 on: August 29, 2015, 03:42:54 AM »
to add to the other experts you can stake claim of your share if your father possess any ancestral property on his name

 

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