Dear Bhalla Kamal,
AS per the law i.e Indian Penal Code section 494 says that while the erstwhile spouse is still alive one cannot marry . MARRRYING AGAIN DUTRING THE LIFE TIME OF HUSBAND OR WIFE.
Ypur freind though was married and was not legallt separated from her first husband and yet she married again isa crime as per section 494 of IPC.
The only remedy under these circumstances are that ONE needs to petition before the family court of her concern jurisdiction and file FOR DECLARING HER MARRIAGE WITH HER SECOND HUSBAND AS VOID . LATER AFTER COURT DECLARES HIS/HER MARRIAGE AS VOID, she can file for a mutual consent divorce or contesting divroce of the first marriage there by she will not be arrested and section 494 may not apply.
But in the above given circumstances when already and FIR has been registered the only remedy for her is to go ahead with the tiral or seek mutual settlement with her first husband so that he may withdraw the present criminal case fild against her.
SOLOMON RAJ.
Solomon Raj
L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION.
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad .
General Secretary, 34th U.C.C. ( A.P.),
National Vice president, All India Christian’s Council,
Legal Chairman, All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)
Associate, Hand of Hope (Legal),
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh.
Ph:+91-9866545086,
_________________________________________________________
