Whether i can file a case of bigamy,sec.494 of ipc
dipankar
(Querist) 30 October 2011
This query is : Resolved
Dear Experts,
i have been married to a girl,both are hindus and adults in the year 2007.in a temple.now she does not live with me for the last 1 year.i lodged a case under sec.9 of HMA and i have got an expary orfer in my favour.
Now her father is trying to remarry her.i tried to file an injunction to stop her marriage but unfortunately the court is not passing any injunction as we did not do court registry.otherwise i have got temple certificate,witness and marriage photos plus i have got the exparty order of sec.9 in my favour.
my question is whether i can file 494 ipc after she is remarried or the same problem ill crop nup as we have not done court marriage.
ajay sethi
(Expert) 30 October 2011
if your wife does not want to stay with you why force her . go for divorce by mutual consent . inspite of obtaining order for RCR your wife refuses to stay with you . divorce is only option
Nadeem Qureshi
(Expert) 31 October 2011
Dear dipankar
if your wife is not willing to live with you and her father want to remarry her with the other guy then without divorce from you this marriage is not possible, if they do this marriage then you can file a complaint against all of them and this marriage is also illigal, if both of you agree for separation then no need to worry file a Divorce petition through Mutual consent u/n Sec 13 B hindu marriage act.
feel free to call
prabhakar singh
(Expert) 31 October 2011
If she gets married without any divorce from you her marriage would be void.
It is much of there business to look how and why they perform a marriage like that.
you have decree from court,why do not you serve her with a notice to come to you and leave with you.If she fails to comply,she would not be justified to to claim any thing from you.
Moreover when one does not want to live with you,more especially a wife,then it is not prudent on part of husband to chase behind because such a lady may create several more problems in your life which at least are not there before you.
Ravikant Soni
(Expert) 31 October 2011
No injunction can be grant against second marriage.
Nevertheless she marry again without getting divorce would be void and under the criminal liablity of section 494 IPC.
Shonee Kapoor
(Expert) 01 November 2011
Agreed with all, and more so with Ld. Prabhakar Singh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
