Bigamy complain

Querist : Anonymous (Querist) 05 June 2022 This query is : Resolved
My 1st wife separated from me on 2010, in spite of repeated requests by letters she didn't return. In the meantime my mother was become seriously ill; after few months my mother was died. To take care of my mother I was forced to 2nd time marry a girl & thereby myself committed Bigamy for novel cause.

My 2nd wife file 125 CRPC against me & immediately after filing she married through marriage register & thereby she committed Bigamy & move to unknown address. She forcefully confine my child from and did not allow me to see my child.
I have failed to know her proper address.

I have visited local police station, stating above fact. They advised me to lodge a complaint of Bigamy against my second wife. Police station officer said that since my second wife's Bigamy is documented & I could get custody of my child very easily as she will be go to jail.
If I complain against my second wife, will she go to jail & I get custody of my child ?

Could I be any trouble if I lodge complain ?

My divorce case with 1st wife is in evidence stage.

Please advise.

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Quick Summary

The user is asking for advice on lodging a bigamy complaint against their second wife, believing it will help them gain child custody. However, the legal advice provided states that since the user's divorce from their first wife is not yet finalised, their second marriage is also considered bigamy. Therefore, both parties have committed an offence under Section 494 of the Indian Penal Code. It is advised to ignore the bigamy issue and focus on the child custody within the ongoing divorce proceedings.

kavksatyanarayana (Expert) 06 June 2022
You cannot complain against your 2nd wife as you did not take divorce through from your 1st wife. Hence your 2nd marriage also becomes bigamy.

kavksatyanarayana (Expert) 06 June 2022
The divorce case with 1st wife is not yet decreed by the court. Hence your 2nd marriage also becomes bigamy.

Dr J C Vashista (Expert) 08 June 2022
Both of you have committed an offence punishable u/s 494 IPC

SHIRISH PAWAR, 7738990900 (Expert) 08 June 2022
Hello,

Yes, you both have committed the bigamy.

P. Venu (Expert) 08 June 2022
Prudence requires that bigamy issue be ignored. The custody issue could be got decided in the divorce proceedings.

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