Filing bigamy against wife ...

Worker

My wife = divorced - registered divorce deed from her first husband.

Me = having Divorce decree out of first wed-lock.

 

I have already filed petition for declaration of void marriage (u/s 11 HMA.)

Status =

3rd hearing - respondent wife (respondent no. 1) & her first husband (respondent no. 2) are given hearing date of 22 feb. 2012 - summons already served upon both.

wife deserted 105 days ago - now defaming me & my family - i have mobile recordings - she said that she is telling (without any proof) at her office that - my husband is s*xually unfit - so i left him - and also other General alligations - bla bla bla ...

Am I entitled to file bigamy (494) against the wife ?

Other possible charges - 
IPC 420, 494, 945, 496, 499

also wife is Govt. servent; so central civil services conduct rule also applicable.

 

Kindly suggest further possibilities.


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Registered divorce deed is not recognized as legal divorce.

you can get nullity u/s 11 HMA.

494 :Her first husband can file against your wife.

495,420 :you can file against your wife if you was unaware at the time of your marriage that she was previously married & not yet divorced.

496: Both of you have comitted this act of going through marriage ceremony knowing that it is not a legal marriage if you was aware that she was not legally divorced at the time of marriage.

497:Her husband can file adultery against you as you have lived with his lawful wife.

499: You can file defamation against your wife.


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Worker

@ Chaitanya_Lawyer_Mumbai, 

Thanx sir, 

but i think, the answers should be closely reviewed.


 
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Managing Partner

Your marriage will be nullified since your wife (so called) is not divorced..I am sure as long as she is not able to produce a decree of divorce, there will be no questions..


Since the case for nullification is already in process, you are safe against 498A..even if she files it gets quashed since it can only be filed by a legally wedded wife..and she is not..


You cannot file Bigamy (494), since it can only be filed by her husband....if he feels aggreived..and wants the intervention of the courts..for justice..


He cannot file 497 against you because, at that time you were not aware of the fact that she is the "legally" wedded wife of another man..497 clearly says that "whom he knows or has reason to believe to be the wife of another man"..even if he does, the case is bailable and non-cognizable..get is dismissed...


I Would sugggest you file a private complaint (CrPC 200) u.s 417 of the IPC...let the court know that a case for nullification is already going on...

417: Whoever cheats shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

 

Let other ld members suggest further..


Vikram


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Worker

@ Vikram sir, 

Thanx. 

 

Second Husband is also covered by the definition of aggreived person.



 
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Scientist/Engineer

You can send a letter to the appropriate authority in her office. She will have to face action. If you yourself do not want to write, you can ask someone else to write. Do not send anonymous letter. Preferably send by registered AD, so that  receiving, the authority cannot ignore the letter.


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