Jyotishwar Bhosale (Advocate) 18 October 2013

Wife of my client is already marreid to some one lese.

Dear Colleagues,

Facts of Matter: Mrs.X marries with Mr. Y for availing VISA for CANADA in December, 2010(marriage is registered with BMC).

Later family members of Mrs.X , with her consent, again solemnized marraige of Mrs. X with Mr.A on November 2011, without dissolving first marriage.(this marriage is also registered)

Here Mr. A is not aware about the first marriage. After 6 months of marriage, he gets a clue about her first marriage, also gets evidences like marriage photos, e-mails, sms's, etc.

Now Mr. A has recieved duly registered marriage certificate of Mrs. X&Mr.Y, which was submitted to Canada Immigration Dept for VISA purpose.

Further as on today, for last 4 months they are not staying together, no issues. Also when she left Mr. A house, she had carried all the valuables of around 2.3 lakhs, which belonged to Mr.A

Can Mr. A file cheating (S.420 IPC), theft (379&380) cases against Mrs. X and her family. Furtehr would section 494, 495 be attracted.

Mr.A does not want to stay with Mrs. X anymore. And wants justice for cheating him and his family by Mrs.X and her family.

Kindly suggest dome precedence/citations also.

Thanking in anticipation.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 18 October 2013

Yes. He can file a complaint against her. He can also file a divorce petition against her.

T. Kalaiselvan, Advocate (Advocate) 18 October 2013

Your client can file a petition to annul the marriage by a decree and declare the same as Null and Void because a marriage performed subsequently while the previous marriage was still subsisting and the spouse is still alive, the second marriage will be invalid despite it being registered before the concerned authorities. She may also be booked under bigamy and also for cheating, criminal breach of trust etc.

Sudhir Kumar, Advocate (Advocate) 19 October 2013

agreeing with Mr Kalaiselvan I would add that your client has to prove no knowledge about previous marriage. Other wise her husband can file adultery case on your client. On seeing the papers you can only decide at which speed you should move.

Jyotishwar Bhosale (Advocate) 19 October 2013

Thanks a lot for replies. The evidence which I have at my hand are both the marriage certificates of Mrs.X-Mr.Y & Mrs.X-Mr.A, marriage photos of both the marriage.

After due enquiry, It has came to the kowledge that Mr.Y has also remarreid with some one else. Photos of those marriage are also in our custody.

I would be initiating declaration proceeding at Family Court for declaring marriage as null and void.

I want guidence as to, how to initiate criminal proceedings, to penalise culprits Mrz.X, Mr.Y and their families under IPC. Which all sections of IPC will be attracted?