SUGGEST THE SOLUTION
Arvind Singh Chauhan
(Querist) 18 July 2011
This query is : Resolved
Respected members,
"A" Married with "B" but due to infertility of wife "B'. Both agreed that "A" should marry with "C". Before marriage all picture was made clear before "c" and "C" got ready to marry with "A".
Now due to stained relation between both wife, "C" has left home of "A"
Now "C" is asking her share in money and property of "A". and threatening for case of bigamy.
"A" is ready to settle the matter amicably.
What type of settlement should be arrived, that in future "C" can't sue "A" for bigamy. Please attach a draft if any.
THANKACHAN V P
(Expert) 19 July 2011
C cannot file complaint against A for Bigamy.
Arvind Singh Chauhan
(Querist) 19 July 2011
Sir,
Whether Second wife "c" is covered As "Person Aggrieved" as provided under Sec 198 Cr.P.C. or not ?
THANKACHAN V P
(Expert) 19 July 2011
1991 (1) KLT Mad. SN 24 (C.No.32)
Arunachalam, J.
Natarajan v. Shelly
Crl.M.P. No.13806 of 1989
10-1-1990
Criminal P.C. 1973, S.198 - Person aggrieved - Second wife or husband duped into bigamous marriage by concealment of valid first marriage is person aggrieved.
There is no indication in the Criminal Procedure Code as to who should be considered as a person aggrieved, but it is fairly obvious that the word aggrieved is intended to refer to a person injured by the second marriage. The grievance contemplated cannot be fanciful or sentimental, but must be real in the legal sense. If that should be the meaning given to the words “some person aggrieved by the offence “appearing in S. 198, Crl.P.C. a second wife, who had been duped into a bigamous marriage by concealment of the prior valid marriage, would certainly be aggrieved by the second marriage, to attract the provisions of S.198 Crl.P.C. If the second marriage had been performed with the prior knowledge of the first marriage the husband or the wife of the second marriage, as the case may be, cannot be a person aggrieved by the offence. Therefore, the words person aggrieved by the offence” will certainly have a meaning referable to the facts of each case and a general rigid formula may not be possible to be laid down. Equally if the respondent was the person aggrieved, on the date on which the offence is alleged to have been committed, she will not cease to be so, merely because on the date of the complaint, she had obtained a divorce
THANKACHAN V P
(Expert) 19 July 2011
Hope your doubt has been cleared by the above mentioned citation.Here the second marriage was performed with prior knowledge of the first marriage.So C is not an aggrieved person as contemplated u/s 198 Crpc
prabhakar singh
(Expert) 19 July 2011
Expert THANKACHAN V P is right
but with regard to your QUESTION "What type of settlement should be arrived, that in future "C" can't sue "A" for bigamy. Please attach a draft if any.""
BUT I OPINE THAT ANY AGREEMENT YOU ENTER TO RESTRAIN HER FROM CHARGING YOU FROM bigamy SHALL BE VOID AND HIT BY SECTION 28 OF THE CONTRACT ACT REPRODUCED BELOW FOR YOU:
28. Agreements in restrain of legal proceedings, void -
Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to the extent.
Exception 1 : Saving of contract to refer to arbitration dispute that may arise.This section shall not render illegal contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subject shall be referred to arbitration, and that only and amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.
Exception 2: Saving of contract to refer question that have already arisen - Nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being as to reference to arbitration.
