Question
Sonu and Priya, were aged 16 and 17 respectively when they fell in love. They belonged to different castes and knew that their parents would
Sonu and Priya, were aged 16 and 17 respectively when they fell in love. They belonged to different castes and knew that their parents would not approve of their marriage. Therefore, they decided to run away and get married. They went to a local temple in Patna where their marriage was solemnized as per saptpadi, by a temple priest. After marriage, the couple lived as husband and wife for five years in Patna and were accepted as such by the community. Two years after their marriage, a daughter was born to them. But after the birth of their daughter marital discord arose between parties with occasional instances of violence and torture inflicted by Sonu on Priya. Nonetheless, Priya decided to endure it all for the sake of their daughter Sitara. During this time, Sonu also demanded rupees five (5) lakhs in cash to pay his home mortgage since according to him Priya did not bring in any stridhan or gifts due to their runaway marriage. Eventually, to keep up with the growing household expenses and mortgage payments, and since work was scarce in Patna, Sonu eventually decides to move to Mumbai while Priya stayed back in Patna to look after Sitara. In Mumbai, where Sonu was working at a call centre, he met and fell in love with Nafisa who lived in the same locality as him. Their love affair continued for three years. Eventually, Sonu and Nafisa decided to get married for which he converted to Islam. A qazi also provided him with a conversion certificate. Meanwhile Priya began suspecting something was not right when Sonu became cold and distant with her and stopped visiting her.When Priya confronted Sonu, he was furious, stating that she was too emotionally demanding. After this argument, Sonu cut off all contact with Priya and performed a nikah with Nafisa. On learning about his second marriage, Priya is furious and devastated as she sees no further possibilities of reconciliation in their marriage. She now contemplates taking legal action against Sonu and approaches you as her Advocate to file a criminal complaint for bigamy, file for divorce, secure custody of their daughter, and also seek maintenance. Advise her on the course of action on each of these issues and matrimonial reliefs and substantiate your answers with relevant caselaws.
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