Second marriage

Dilip Verma (Querist) 13 March 2013 This query is : Resolved
Hi
My friend is Married & he has an affair with another girl his age is 37 and girls age is 34 and he even have 1 kid and he is a Hindu, I know that it is illegal to marry if a person is already married and his wife is alive, so i want to know what consequence he will have to face if some legal action is taken in against of my friend and even he is insisting me to give witness in his marriage so in the event of some legal action against my friend will i will also be in difficulty and my friend is also not listening to me he wants to do 2nd marriage without divorce,,, Pls advice?

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Advocate M.Bhadra (Expert) 13 March 2013
The Hindu Marriage Act,1955

17. Punishment of bigamy.-

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860)

Indian Penal Code (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 liable to fine.

Adv Archana Deshmukh (Expert) 13 March 2013
Read the above sections,
When you are aware of the fact that it is illegal to marry again when your friend is already having a wife living, you can convince him about the penal consequences in case his first wife files any complaint against him and still if he doesn't listen then, it is better if you stay out and away from all these illegal things and let him do whatever he want and face the consequences alone.

prabhakar singh (Expert) 13 March 2013
Refuse to become part of an illegality.One is not friend who insists to commit crime.
Your friend is not a man of moral.He is married and is begetter of kid yet thinking of another marriage should not be supported by you even at cost of friendship.

Surender Kumar Sharma (Expert) 13 March 2013
give good advise to your friend, otherwise a friend who give wrong advise is more dangerous than a enemy, so live like a gentleman in the society.

Raj Kumar Makkad (Expert) 13 March 2013
In case your friend is not listening you then what is compulsion for you to listen him?

In case you stand with your friend in this illegal game which he is going to play, you shall definitely invite danger for you. A criminal case can be filed by first wife of your friend not only against her husband but also against all such persons who took part in illegal marriage or helped him directly or indirectly to perform such act.

Dilip Verma (Querist) 13 March 2013
with reference to my above question i would like to ask again that what consequence i have to face if i witness my friend in his 2nd marriage & who can complaint against my friend if he get married even after his first wife is alive & so if no other option is left for him can he become Change his religion to muslim?

prabhakar singh (Expert) 13 March 2013
Even change of religion by him from Hindu to Muslim shall not validate his second marriage. The first marriage needs divorce decree in all circumstances.It seems you want to become part of the illegal game making yourself vulnerable to be called an abettor of the crime by witnessing knowingly
that your friend is committing bigamy with full awareness of his first marriage.

Dilip Verma (Querist) 13 March 2013
So who can complaint against my friend, Do Only person can complaint is my friend wife or some other person can also complaint against my friend?

prabhakar singh (Expert) 13 March 2013
Now it appears you are not the friend but person himself who is planning bigamy and to give any advise to you(even if you are really friend) would be a sin on my part.

Good by.I am here to help people who are distressed and not to those preparing to commit offences.