Will the case continue or divorce happens

Querist : Anonymous (Querist) 21 October 2011 This query is : Resolved
If the second wife filed bigamy on husband as he had not divorced his first wife, then while the bigamy case filed by second wife is going on during that time:
1) can the husband initiate and take divorce from his first wife to avoid bigamy charges
2) Can the marriage with second wife be declared null and void

Or whether the above 2 things can happen only after the bigamy case judgement comes?
Can someone please answer these difficult questions.

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kuldeep kumar (Expert) 21 October 2011
ur question is not difficult.only thing difficult is which wife shall be complaint and why

Arun Kumar Bhagat (Expert) 21 October 2011
Your question is wrong, the second wife can not lodge complaint against the husband due to bar created u/s 198(c)of the Cr.P.Code.

All your further queries are not worthy to reply for the reasons given above.

Shonee Kapoor (Expert) 21 October 2011
I disgaree with bLd. Mr. Bhagat,

Any of the two wives can file for bigamy.

And even if you take divorce now, you would still be liable for punishment.

Second marriage is void ab-initio, but offsprings of this marriage are statutory legtimate.

Regards,

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

prabhakar singh (Expert) 21 October 2011
i second the view expressed by Mr.Bhagat

kuldeep kumar (Expert) 21 October 2011
i second the view of mr singh

Querist : Anonymous (Querist) 21 October 2011
I further would clarify and ask that, My sister who is the second wife has filed bigamy case on husband and before that husband has put annulment petition on second wife in other court. So is it possible that till the judgement of Bigamy case comes (from criminal court), the second marriage will not be declared null and void (by family court). Or is it that whlie the second wifes bigamy case is going on in one court, the other court declares second marriage as nullity as husband filed it on second wife. First wife is nowhere in picture. Please give your valuable advice. Thanks.

kuldeep kumar (Expert) 21 October 2011
i will get back on u tom i will post my view.right now i m in color mood.till now some other expert may opine

Raj Kumar Makkad (Expert) 22 October 2011
I agree with tom.

kuldeep kumar (Expert) 22 October 2011
in this problem second wife is perfectly entitled to complain.first wife can not compalin.in other words both wife can complain but for diferent 2 rights infringement.

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