Action of Bigamy against wife under IPC 494
rajesh
(Querist) 21 September 2010
This query is : Resolved
A woman, who has married to a man, pending her earlier husband's appl. for divorce under Sec. 13 of HMA, which was converted in appl. under Sec. 13B of HMA, and the decree of disolution was awaited, while agreement made on stamp paper before the notary regarding the intention of their divorce, can the new husband sue her for bigamy under sec. 494 IPC? What grounds?
He has already filed for declaration of nullity of such marriage as she was found to have immoral character and had married for money only, and had lodged 498, 114, 420, 406 etc. against earlier husband. Later, after 7 days with the new husband, she left and lodged 498, DV etc. against him also. In case of 498, B-summary was done by police. She applied for interim maint. under sec. 24 of HMA and the court granted her Rs. 5000/- during his matter of declaration. She possesses rs. 5 lacs balance of alimony of earlier marriage, and also has job in govt. undertaking having Rs. 3500/- fix pm, with regular salary after 3 years. The same is pending for review in the same court on our appl.
Pl. sugget the course of action to meet the ends of justice.
Since she married while her one husband was living, can the nullity be taken for granted? Can the victim marry again before the declaration comes? Otherwise, she has been wasting the time of the man forcing him to undergo litigations. A Delhi HC judgement on denial of declaration by family court says; according to law, there is no need of declaration. jdgmnt attached herewith. Also it denied maintenance. Maintenance is observed to have been granted in fake marriages also, but those are the cases when the fake marriages have lasted for many years (17) with children out of this marriage. Pl. suggest how to discourage the cheater and to get rid of her soon.
Arvind Singh Chauhan
(Expert) 23 September 2010
Both the depends only on the legal proof of her second marriage. If there is ample proof answers are- yes.
Ajay Bansal
(Expert) 23 September 2010
AGREED AS ABOVE.
