Can second husband filed bigamy against second wife
satinder bassi
(Querist) 07 March 2013
This query is : Resolved
Respected sir,
i married with nidhi in sep -2012. this is second marriage both of us. after one month she left my house in my absent and without inform me. becouse before a day i knew she is not legally divorce.
Now status is
(1) 1stly is lodged complaint of dowry in women cell. i also gave complaint against her, i request in complaint check he r first marriage divorce. but police closed the both complaint.
(2) she filed dv i court.
(3) her 6 statement difference in complaint & court staement.
(4) she is wrote in complaint about second marriage. but she is not wrote in court statement.
(4) she is wrote in court last time on 17-10-2012 i gone my self to escape whn in-laws beaten me. but she is wrote in complaint i gone with parents on 17-10-2012
(5) she alleged on my parents, my parents comment on ring & earring is light weight. but in women cellmcomplaint which she is wrote jewellery in dowry list. there is not written ring & earring. but actually i married with her without dowry. it's true.
(6) i hve mobile phn recording for prove dowry is not matter. and her mother demand money through own daghter from me.
(7) whn i saying in court about first marriage divorce. court statement she not written about second marriage. whn i give copy of complaint in court thn court agree with me about her first marriage?
can i filed bigamy on her. i already filed marriage cancleing case in court. my adv said me u not file bigamy. my adv is right?
ajay sethi
(Expert) 07 March 2013
Bigamy is the act of entering into a marriage with someone, while still being legally married to another. In other words, it is a condition of having two spouses at the same time; a man may have two wives or a woman may have two husbands. Either way when this happens, the second marriage is considered null and void
Section 5 of the Hoindu Marriage Act describes that a marriage if neither party has a living spouse at the time of marriage then only can the marriage be considered as valid. Section 11 of the Act declares the second marriage null and void.
prabhakar singh
(Expert) 07 March 2013
All that I.P.C section 494 speaks about bigamy is reproduced below:
"(IPC)
Section 494. 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 description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—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."
The civil consequences are already dealt with adequately in answer of Mr. Sethi.
prabhakar singh
(Expert) 07 March 2013
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.
