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LEGAL FAQS

Q: I had a registered marriage 25 years ago. Later, I came to know that my husband was in a relationship with an unmarried woman. I had filed cases against the woman under Sections 144 and 107 but could not follow them up due to financial constraints. Subsequently, I discovered they had got married and had a daughter. They change residence frequently, so I donít know their current address. Can I make a police complaint about their illegal marriage? Can I claim compensation?

Moni Chatterjee, Calcutta

A: You could file a fresh complaint specifically stating that your husband has got married to the said woman and that they also have a daughter. Based on that your husband can be booked for criminal offences of bigamy, cruelty and domestic violence, which are punishable under the law. However, you need to ascertain his address, or else enforcement of law would be difficult. If you know the address of his place of work, you could file a complaint giving that address. You will be entitled to maintenance and alternate accommodation from your husband, and may file a case under the provisions of the Protection of Women from Domestic Violence Act.

Q:My parents have been gifted a property by someone who is not related to them. The legal formalities are over. Now that the person has died, can his relatives claim the property? What can my parents do if someone stakes a claim?

Nilanjan Sarkar, via email

A: The donorís relatives may challenge the gift deed if they are not happy with the decision. However, your parents have to contest the title suit, if any, and prove that the gift was made without any pressure or under influence of any kind.

Q:I am a minor and my mother is a victim of domestic violence. She is a housewife, has no means of income and has no one to support her. My father says that she will not get any alimony even if she complains. What can my mother do?

Name withheld

A: She can file a criminal case under the provisions of the Protection of Women from Domestic Violence Act, 2005, and seek monetary relief for you and herself. She may seek residential orders and restraining orders upon your father from committing any act of domestic violence. She should file a complaint with the local police station and may approach the legal aid cell that exists in all courts.