2nd marriege

125 cr.pc is only for maintenance,

If man do second marriage without divorece to first wife its amount bigamy u/s 494 IPC.

Thanks RK.

what should be the first step by the 1st wife in the above case.

what are the evidences required to try u/s 494 IPC.

kindly assist

Only answer in one word No.

Granting of maintenance under Cr.P.C. does not amount to Divorce.

No, it does not amount to divorce. Lodge the complaint u/s 494 I P C with Police stating that without divorce the girl has re-married. If you are aware about the name and place of the person whom the girl has married without divorce specify the same in your complaint.

Dear Querist

it's depend on the complainant to prove his second marriage.this is a non-bailable offence, if the first wife wants to file a complaint. she should filed a criminal complaint before the magistrate and after statement of the witness or complainant the court pass an order to file an FIR or summon to the accused person.

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 descripttion 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.

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.

State Amendment

Andhra Pradesh

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable

She can also file a criminal complaint u/s 

Section 497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-com­poundable.

STATE AMENDMENT

Andhra Pradesh

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

feel free to call

Dear querist, sed 125 cr. pc is only for maintenance to the wife and it is not for divorce

actually ,

he had a child with her 2nd wife.he didnot register his marriege.

please let me know what else can be  taken as evidence..

That way he has comitted ADULTERY ONLY................thats also very difficult to prove, if the 2nd partner helps him out.

No sensible person performs FORMAL MARRIAGE in such circumstances.........there are many loopholes in law which shield such live-in relationship if the parner is NON-COMPLAINING.

Talk in detail with a good criminal lawyer if u have still doubts

U r right Rajiv.

having a child is not a proof of marriage for 494 u have to prove marriage and thats very difficulty is one's parter (female) simply files an affidavit that she has not marrried x against your are levying the charge of 2nd marriage there will be no case, further the case of defamation can also be framed against one for false complaint

Is it only an affidavit   annul the case.

kindly suggest how to make the case strong.

only if u  have solid documentary proof like photos of marriage ,certificate of their marriage etc then only file the case other wise waste of money and energu