Suraj Kumar (Manager) 29 June 2020

494 crpc

Sir, My brothers wife leave on 2010. He asked to come back but she didn't return. Divorce case is filed by my brother. Now my brother living together with another women. My brother's 1 st wife file 498A and 494 IPC on 2020. Sir, In my opinion 498A cannot be filled due to bar of 468 CRPC. Can he prayed before court to drop 494A allegation ? As my brother's wife leaves him 10 years back can she be considered as aggreived person for filing 494 IPC ? 494 IPC may be proved if it found that second marriage is void. For the purpose who will start proceeding under HMA ? Can 1st wife file 494 IPC against husband in that case ?

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Quick Summary

This discussion explores the applicability of Section 494 IPC (bigamy) and Section 498A IPC in a situation where a wife left her husband in 2010, a divorce case is pending, and the husband has since begun living with another woman. The query questions whether the first wife can be considered an aggrieved person for filing a bigamy charge after a decade, and whether the husband can request the court to drop the allegations. The advice suggests that if a divorce hasn't been granted, the bigamy charge under Section 494 IPC may still stand, depending on the specific circumstances and the validity of the second marriage.

3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 29 June 2020

Dear Querist,

When did she filled 498A ? Yes in case divorced is not granted by competent court 494 IPC Stands firm, subject to facts and circumstances of each case.

Adv Deepak Joshi

9456777600