How To File Case For Divorce, Alimony, Child Custody And Bigamy?

My husband converted to Christianity & married his friend, widout divorce from me. He is an alcoholic, abuser and filed for by ending his high paid business. I am a govt employee. I walked out 2 years ago with my son. How can I file for a divorce, al... Read More

My husband converted to Christianity & married his friend, widout divorce from me. He is an alcoholic, abuser and filed for by ending his high paid business. I am a govt employee. I walked out 2 years ago with my son. How can I file for a divorce, alimony and child rights? At the same time prove bigamy.
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Answer (1)

Dhriti Dewan

Dhriti Dewan

  • Sector-1, Noida

Indian law recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. for the aggrieved party to use as a ground for a contested divorce. The spouse has to file the case in the Court of appropriate jurisdiction prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and contested divorce decree will be drawn up accordingly.

Similarly, the petitions for alimony and child custody can be filed against the spouse with the help of divorce lawyers in India.

As per section 494 of the Indian Penal Code, Bigamy is an offence. According to the law whoever in the lifetime of existing husband/wife marries someone else, such marriage by reason of its taking place during the lifetime of such husband or wife, should be considered void and should be punished for such offence. The punishment includes imprisonment which may extend to seven years and fine too.

Answered on 28 Aug 2019


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