Bigamy

Suraj Kumar (Querist) 08 February 2021 This query is : Resolved
Sir,
My friend's wife leaving him and marries again but my friend has no such proof of marriage. Also my friend is not divorced till date. Long after such separation ( 5 year) my friend marries a 17 year old girl. My friend's first wife then file 498A and 494 IPC.
Can 498A filed after five years of separation ?
Can 494 IPC applicable in my friends case when his marriage is void as he marries underage girl ?

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This discussion addresses a friend's complex marital situation involving bigamy and potential legal charges. The friend remarried without divorcing his first wife, who has since filed charges under Section 498A (cruelty) and 494 (bigamy) of the IPC. The advice clarifies that separation doesn't negate these charges, especially when the second marriage involves a minor, which could also lead to charges under the POCSO Act.

Advocate Bhartesh goyal (Expert) 08 February 2021
Your friend has not only committed offence of bigamy but also committed offence of rape by marrying a minor girl.Your friend can not be escaped on ground that his wife is living separately from him from five years .If your friend's conduct comes under the purview of sec 498A of IPC then he will be charged for such offfenc of sec 488A of IPC

Guest (Expert) 08 February 2021
More than every thing if any Complaint is made on behalf of the Minor Child your Friend will have an Summer Vacation in Jail under POCSO Act.

Dr J C Vashista (Expert) 14 February 2021
Your friend has committed offence(s) let him face the consequence.

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