Second marriage

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
One of my friend (X) was in love and married him(Y) (register marriage).
But due to family situation he was forced to marry his sister's daughter(A) within 10 days from the date of register marrige.
(Y)didn't informed this to (X)and they were in relationship for 5 years.
But, he was also in relation with (A) and had a boy kid.
After 5 years X came to know and accepted him X&Y also had a girl baby.
(A) filed 420 case on (Y), stating that he cheated her without informing his marriage with (X).
The case is pending now. What will be the result/judgement. (X)&(Y) wants to live together.

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ajay sethi (Expert) 30 November 2011
during subsistence of first marriage if second marriage has been done by either husband or wife the second marriage would be void.

you have committed offence of bigamy and criminal complaint can be filed against you under section 494 of IPC

Advocate. Arunagiri (Expert) 30 November 2011
Your friend had commited the offenses of bigamy and cheating. The judgement will not be in his favour.

Sailesh Kumar Shah (Expert) 30 November 2011
why a filed case u/s 420?

is the case of 494?

parties are muslims?

M/s. Y-not legal services (Expert) 01 December 2011
yes am also rising the same question.. why 420? but to without bigamy?

Advocate. Arunagiri (Expert) 01 December 2011
S.494. Marrying again during lifetime of husband or wife.
This complaint can be filed by the First wife as well the second wife.

S.420 is for suppressing the previous marriage and for cheating the Y.
This complaint can be filed only by the second wife. As she does not know the fact of the first marriage.

Querist : Anonymous (Querist) 01 December 2011
the husband is in government job.
What will be the punishment?

Shonee Kapoor (Expert) 01 December 2011
The maximum punishment can be 10 years, if convicted, he would loose his job.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 02 December 2011
I have similar opinion as of all experts on this common issue.

Querist : Anonymous (Querist) 02 December 2011
Is there any way to save him from punishment?

Advocate. Arunagiri (Expert) 02 December 2011
The affected party should not give any complaint, there is no other way to save him.

prabhakar singh (Expert) 02 December 2011
Take the duo in confidence no other way.

Sailesh Kumar Shah (Expert) 03 December 2011
Mr.Shonee

7 years not 10 years.

Sailesh Kumar Shah (Expert) 03 December 2011
Is there any way to save him from punishment?

Answer:Compoundable by the compliant with the permission of the court.

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