Sevtion 494. ipc

shyam lal (Querist) 07 June 2023 This query is : Resolved
A non muslim husband has married for the second time while the first wife is alive and not legally seperated.
As per his statement he has a no objection consent in writting from his first legally married wife.
Query can the said husband be booked under sections of 494 and 495 IPC

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This discussion clarifies the application of Section 494 and 495 of the Indian Penal Code concerning bigamy. It explains that only the first wife can initiate proceedings if she objects to her husband's second marriage while the first is still legally valid. If the first wife provides written no objection, a case under these sections is generally not maintainable, though government employees may face departmental action.

kavksatyanarayana (Expert) 07 June 2023
Though his first wife is not objected, he will be punishable u/S495 for remarries when his wife is not divorced and alive.

kavksatyanarayana (Expert) 07 June 2023
Sorry, read as his first wife

Advocate Bhartesh goyal (Expert) 08 June 2023
No, only his first wife can initiate the proceedings u/sec 494/495 IPC against her husband and none others.

Dr. J C Vashista (Expert) 08 June 2023
Only first wife can move complaint, if she has any objection and personal law do not allow, which is not there in the instant case.

T. Kalaiselvan, Advocate (Expert) 10 June 2023
If the first wife is stating that she had already expressed her no objection in writing in this regard then there is no case maintainable, however if he is a government employee, then it will attract departmental action for this misconduct act of the employee.

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