Question :

Hi. I am my husband’s second wife, we did a secret court marriage in 2015 August. He hasn’t told his first wife about me and has three kids with her (twin sons and a girl). Just had a baby girl a year ago. We married eighteen months ago, keeping my mehr 1 lakh and a condition of 5laks if he divorces me as my security. If i ask for the divorce, I forgo the 5 lakhs.

The boys (twins) are 3.5 years old. The girl is 1yr old now. He had promised telling her and moving in with me but hasn’t done this. After nikah I stayed with my parents all this time, keeping the court marriage a secret for all this time and he never gave me financial aid. His reason for not telling his first wife was that he tried and she and her family threaten him that she will take a divorce and then leave the country. He will lose his kids for ever and never see them once she leaves, because her family will never tell him their whereabouts.
My family had to know about my marriage and now we demanded a reception and proper life as a husband and wife. And now when we are three weeks away he has refused to do the ruksati on grounds that he cannot lose his kids.

Is there a way to avoid his losing the kids and making sure his wife doesn’t take the kids away from him? Is there any way the law can help him and me so we don’t have this threat his wife and her family poses?

Answer:

  1. He may file a petition before Guardian court for the custody of children and may get a restring order on the movement of children.

    you may file a suit for restitution of conjugal rights……..

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