• US man seeks divorce - married to Chennai woman

I need a lawyer in Chennai , it is a complex case ,
Asked 7 years ago in Family Law
Religion: Other

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16 Answers

If you post your problem then we all can advise you to deal with the situation and the case.

This place may not be for referral only.We Give advice for any legal dispute.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

you can search on the website for lawyers in Chennai

You can seek phone consultation to discuss your complex case with any lawyer on this website

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

1.it appears you want to take action your wife who seems to have committed bigamy.

2.if that is so then you will have to lodge complaint in the police station where the marriage was performed along with proof of her previous marriage.

3.On this basis the police can register FIR and take necessary action.

4.Then file a suit for nullity of marriage as she married you at a time when she was still married with another man.

5.For all these legal actions your presence in india will be required for some time.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

You can file complaint under section 497 of IPC against her lover for adultery

2) fine complaint of bigamy against your wife under section 494 of IPC

3) file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

You will have to come down to India to file complaint against wife and her lover

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

If has already married and contacted another marriage with you by hiding the facts then she has committed offence it is punishable under section 495 of the Indian Penal Code. You said that it was improve marriage according to Section 5 and section 7 of the Hindu Marriage Act marriage must be solemnized by any of the ceremonies prevalent in the community of the parties. In the absence of any special ceremony marriage must be solemnized by performing Saptapadi that is walk seven steps around the holy fire. If Saptapadi is prevalent then parties to the marriage are bound to perform this ceremony otherwise marriage cannot be called solemnized. If she contracted second marriage if first marriage was not solemnized according to the valid ceremony then she will not be guilty of the offence punishable under section 495 of the Indian Penal Code.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You should make some enquiry about her first marriage that it was solemnized by valid ceremony or not if it was solemnized by a valid ceremony then you may initiate criminal proceeding against her for the offence punishable under section 495 of the Indian Penal Code. according to Section 199 of the code of criminal procedure you have to file a complaint against her instead of FIR

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Looks like that she is a habitual offender and has duped several people like you in the past. The organized crime that she's giving effect to needs to be reported to the Police immediately so that a FIR is lodged against her.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Hello,

That is a clear case of bigamy and you will definitely succeed if the same is filed. Though I am not based in Chennai, you can let me know if some academic help is required.

Regard and Best

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hi , you can lodge a FIR against her of biagamy and can also include her lover in the conspiracy of the said charge under section 120 B IPC .. In addition you can also file adultery case against her lover ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. You can google search your lawyer at Chennai if you can not select one by visiting Chennai or through your personal contact.

2. Engage a lawyer having expertise in dealing with divorce matters.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1.You can file a petition praying for annulment of your marriage on the ground that she was already married to her husband at the time of marrying you.

2. You shall have to file the said annulment petition with in 1 year from the date of your coming to know about the fact that she had suppressed the vital fact of her earlier marriage without divorce from you.

3. Simultaneously, you can also lodge a police complaint u/s 495 of IPC alleging that she has married you by suppressing the fact that she was already married at the time of marrying you and for this illegal act of her, she will be punished with jail term which may extend up to 10 years. Your complain of adultery will not hold water with the back ground that you yourself are claiming that your marriage to her is void at law for whichit should be annulled.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1. Come to India and visit the local courts for 7 days and attend to the Court hearings from where you shall be able to list out few of good lawyers up to your satisfaction.

2. Thereafter hold conference with all of them to draw litigation planning advised by the individual lawyers.

3. Select the one whose strategy suits you the best.

4. the above procedure may be little time taking and expensive but is the best way to select the lawyer to suit your special purpose.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

I need a lawyer in Chennai , it is a complex case ,

There is no dearth for lawyers practice law in Chennai, you can look for one either through internet, or this forum or directly contacting any one from the list of bar association members.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

am married to a woman from Chennai , Unknowing I did not know about the Indian Marriage act of 1955 , it was a Temple marriage , she did not post the marriage , we were married for 17 month and she was granted a US visa , She told me she was never married , and she was virtuous , I found out from a PI ,Investigator , she was married and the divorce was not finalized until 6 months into our marriage , She Committed Bigamy, she then left me for another married man ,and he knew she was married , In addition she stole and the man she is with is a adultery ,

In the given situation your marriage is null and void since this marriage was contracted while her previous marriage existed.

Moreover you being a foreigner, your marriage under HMA is not valid and your marriage should have been solemnised under the special marriage act only.

You can file a complaint for the offences of cheating against her.

The complaint regarding bigamy can be lodged by her previous husband only against you both.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Need a Chennai Lawyer to bring a Case against the Bigamists woman and the Adultery Man , need a aggressive lawyer , this woman caused me family shame

Since your marriage with the woman who cheated on you is not valid and is considered as null and void you cannot lodge a criminal complaint against the adulterer also.

If at all any complaint is to be made, that can be done by her previous husband only for the offences of bigamy and adultery which may implicate you also.

Consult a lawyer over phone or any other mode before you would decide to initiate any legal action in this matter in haste.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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