Please provide information...


Hello Friends...

my husband is seeking divorce from me but during the courrt trial he has registered his name on one matrimonial site for second marriage,does it lead to any criminal offence because he has updated his status as never married and also he is deceiving the girls and cheating them...

Please tell me,does such fraudy action lead to any crime...or commes under which offence...???

I will be gratefull to you...!!!

 
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Advocate & Regd. Patent Attorney

Well, you can file a police complaint against your husband for giving false information about his matrimonial status on the website; further take printouts of this website information and this police complaint and use in the divorce petition filed by your husband. In your objections to your husbands petition and your evidence, you can take a stand that, he has provided false matrimonial status online and that he is looking for a second marriage during the subsistence of this marriage. You may also cross examine him about the fact that he has registered for a marriage on the matrimonial site prior to taking divorce from you. 

 
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Lawyer

File a police complaint against your husband through a local lawyer.

 
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Logical and Legal Advisor at Family Court

Dont take help of lawyer.  Just go to jurisdiction  police station and file complaint.  Lawyers in your case will only mislead while make a quick buck themselves. Police themselves will fully guide you in this regard.

 
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Retired employee.

If it is better and more valid, if a third person (a girl) files complaint against him, stating that he is misrepresenting and misleading innocent girls with his false statements.

 
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Logical and Legal Advisor at Family Court

Filing PIL is of no use, disagree with above advice.  Wearer only should complain about shoe bite, not on-looker.

 
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Executive

Give a police complaint.

 
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Thanks everyone for your reply...

but I had arready went to the police station with all documentary evidences I had but they refuse to lodge the complaint because they said that It is not an offence and there is no any provision to file complaint against my husband.

So,now I am helpless and worst phase of my case is that my lawyers are also not supporting me.

Can I file any petition directly into the hon'ble JMFC court regarding the fact if yes, then plz tell me any provision.

Or if possible can you please explain that such offence comes under which act,will be very greatful to you...

Thanks in advance.

 
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advocate

I agree with Mr/Ms. Vandana Vidya's advice above.  Marrying again while subsistence of first marriage is a serious criminal offence.  But every criminal offence has got three parts - first part is criminal intention (mens rea) and second part is criminal preparation and the last part is to commit crime.  In bigamy cases mens rea and criminal preparation are not cognizable and hence you cannot get any criminal law benefit by his action of mere posting matrimonial advt. saying he is a bachelor.  But, if you will succeed to prove this fact, it will give you benefit in your DV case and other matrimonial cases like RCR and divorce.

 
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Thanks sir...

 
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