First marriage


Somebody who is already married , and does Second Marriage ...and after second marriage files case of Divorce by mutual understanding at court , for first marriage.

Qs.-  is it possible that someone can submit any application / Complaint at police etc.. (before FINAL date of judgement for divorce  by mutual understanding) .......that the person who is already married have done second marriage , which is illegal.

Pls suggest ...

 
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Worker

second marriage is void.

the said somebody can file MCD in court to legally dissolve the earlier marriage.


if second spouse of the said somebody files 494, 495, 420 - the said somebody would be in big trouble


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In your querry, you used the word "some one".  Some one must be wife, mother, father, daughter, son, paternal / maternal uncle, aunt.  Except these, no one can file a complaint in case of bigamy.  But in rare cases, with the leave of the court, a person, who is concerned in the matter may file complaint.  

 
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practicing advocate

When there is no objection by the wife , complaint by some one except wife is not maintainable.  Wife has to file bigamy case in the court if she wishes.

 
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Advocate/ nadeemqureshi1@gmail.com

Agree with Mr. Amit

 
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Worker

only persons entitles to file 494 - bigamy = first spouse / second spouse.

bigamy is non-cognizable.

 
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Sorry, Mr. Amit.  You appear to be not correct.  Read Section 198 Cr.P.C.   The relatives to whom I mentioned in my earlier post can file complaint on behalf of the first / second wife.  In addition to the above said relatives, with the leave of the court, the person related in blood can also file the case on behalf of the first / second wife.

 
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Worker

@ Adv. Chandu sir, 

 

u r right.

relatives can file complaint, if the aggreived party is Wife.

 
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Prakash Legal Clinic Haridwar

SONIA JEE

IN THIS SITUATION SECOND MARRIAGE IS VOID IN VIEW OF LAWS.  FILE APPLICATION FOR PASSED THE ORDER OF VOID MARRIAGE.

COMPLAINT WILL BE FILED BY VICTIM OR HER RELATIVES. POLICE CANT REGISTERED FIR ITS BARRED UNDER SECTION 198 CR.PC

MAN ACT ALSO COVER IN 420 IPC.

FOR MORE DETAILS- JUST CONTACT ME.

 


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