Bigmay

Junior Advocate

If husband got married without divorce,First wife make police complain that her huband and wife living on so and so adress.

Police caught them i.e Husband & Second wife at stated adress,what should be done?

 
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zz

See if he ACTUALLY MARRIED the new lady in the eyes of LAW or its a live-in!

If he married this new lady, he will be punished under BIGAMY LAW!

rajiv

 
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Worker

If husband got married without divorce

IPC 494 & 495 are applicable

 
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Worker

also IPC 417

 
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Junior Advocate

Dear Vijay,

My question is to you that what is the procedure to file IPC 494,495,417?

If some lady goes to police stataion and files a complaint that my husband got remmarried with so and so girl & living here/there,can police directly files under IPC 494,495,417?or it can be directly filled in court?

 
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Worker

 

494 deals with the offence of bigamy. Getting married again during the subsistence of earlier marriage. Since it's of somewhat private nature. This is a non cognizable offence which means that the police would not register the FIR - they would note your information in a NCR diary and forward you to concerned magistrate. Note : they cannot investigate without order of the magistrate. Cognizance of such case can only be taken by magistrate on the complaint of person aggreieved (i.e the other spouse, her relatives, or even the person with whom second marriage done). The judge would examine teh complainant on oath - and then call upon the accused if he finds merit.


ref. : Mr Bharat Chug.

http://www.lawyersclubindia.com/forum/Ipc-494-493-52422.asp


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Teacher

one has to prove the marriage even to get a police complaint maybe maybe..with proofs like pictures, some other witness or evidence tht marriage happened..

 
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Unemployed

you have to prove the existence of second marriage (ceremony, their declaration, marriage cert obtained by them. send woman's change of surname reflected somewhere)

 

Law requires proofs. Else it is a live in with another woman (IPC does not get attracted unless the other woman is also legally not a wife of another man, and she must be living without that man's consent. and rather that man only may make complaint calling this live in as adultery and with proofs that these two had s*x without consent of that man)

 

Husband can be brought to books for 'bigamy' only if there is a proof 'beyond the reasonable doubt' of second marriage as above.

 

 
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Junior Advocate

Dear Damanyati/Aishwarya

Husband can be brought to books for 'bigamy' only if there is a proof 'beyond the reasonable doubt' of second marriage as above.

What is the meaning of " Reasonable Doubt of second marriage"?

one has to prove the marriage even to get a police complaint maybe maybe..with proofs like pictures, some other witness or evidence tht marriage happened..

That means without proofs Police complint not be filed or someone who wants file bigmay  proof of marriage must be produced before police or court?Kindly,clarify.


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POWER OF DEFENSE IS IMMENSE

not that easy if second spouse is cooprating with him , nothing can be proved.

 
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