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Krishna Kumar (Business)     26 March 2015

What to do wife who marries during the divorce process

Hi,

Seems my wife is very much looking for getting re-married. I want to wait for her next move and take action. Can anyone please let me know if any punishment for wife who gets married without divorce and not known by husband.



Learning

 8 Replies

saravanan s (legal advisor)     28 March 2015

you can file case u/s 494 for the offence of bigamy for which she could face imprisonment for seven years and fine

1 Like

kalyan (engineer)     28 March 2015

Don't file case u/s 494 bigamy unless you have solid proof. This may back fire you at later stage.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

No she cannot do so, it will only  complicate her life further. Who filed the divorce, U or UR wife?

1 Like

Krishna Kumar (Business)     06 April 2015

Thanks all. I could not come to online for these days.

I filed divorce after 1.5 years waiting for her to return to my home. She left and blaming me and my parents even she did not lived my parents event two days together.

She was asking very huge money which could not pay and waited till 4 years of divorce process. Still nothing moved from course. She is comming asking to pay half of what she asked now. Her layer telling wanted to get divoce and go further life.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2015

SEND A  COPY OF THIS TO HER LAWYER;

 

IPC 494: Section 494 of the Indian Penal Code

Marrying again during lifetime of husband or wife

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.

Exceptions

  1. 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.
  2.  
1 Like

N R Dash.. (Advocate)     07 April 2015

You are already advised. Prosecute her for bigamy after getting proper evidence.

Adv k . mahesh (advocate)     09 April 2015

Mr krishna

its clear that if she gets married without getting divorce then she will be in trouble like above said u/s 494

but one more thing i want to high light you that if she gets married without divorce then it is a strong point in your divorce petition without paying a single paisa because if she marries then your lawyer can file a petition in the divorce case and also have to submit the evidence which easies your contested divorce in your hands and they will come to you for some relief

so dont worry ball is in your hand and start gathering evidences and do not interuppt their moves

TGK REDDI (No designation)     26 April 2015

You should prove the marriage.

Living together is no ground.

If you can prove the marriage, I suggest that you should utilize the proof for easily getting divorce only, not for sending her to jail.


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