tejas lal (teacher) 10 October 2011

Need help

Dear Sir,

I myself working in pvt.sector.I & my wife are living seperately since 5.0 years.One female child living with me.She had left our house when i asked her about her extra marital affairs.I have documentry proof of these.In 2008 she filed a case of minor child custody and case is running in the family court.She is not in position to give me divorce.Her demand is 20 laks rupees for divorce.I am not in position to give this huge amount to her.I haven't file divorce case because our lawyer says it will affect on minor child custody case.Then she filed under Dv ,498a,maintenance.Now,some expert told me that you can marry yourself without divorce,keeping any documentry proof.What should be done by me in this matter?

Can she apply for Bigmay if i will not keep or to leak any documentry proof of second marriage?

What are the documents reqired for bigmay case or ipc 494?

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3 Replies

(Guest)

Proof or bigamy can be many - like proof of marraige, your second marraige certificate child from your second marraige, people deposing as wittness for your second marraige.

Taking divorce from your first wife is always a legally advised option, take call based on problems your action may bring, the time it may take in court to get divorce, the chances you can conceal the marriage etc.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 October 2011

Dear Tejas

As you informed in your query that you wife have extra matel affair and proof of that then you can file a divorce petition after that you can remarry and start your life again.

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

State Amendment

Andhra Pradesh

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable

tejas lal (teacher) 11 October 2011

Dear Qureshi Sir,

With referance to this sentence"you can file a divorce petition after that you can remarry and start your life again",I want to ask you that when i file divorce petition & case will be in running position,In between that time can I marry or after the judgement of divorce petition comes?Because divorce petition will take much more time in the court as of my knowledge.