karthik 24 March 2020

Need help wife husband issue

My brother got married in 2013 and she went to USA without saying to USA and started living with rakesh in living in relation and she also got married to rakesh in USA with out giving divorse to my brother.
We had her 2nd marriage certificate

My brother got tortured harashed of her remarry and by posts of her with onther boy in facebook.

In due course he email to girl with CC media.Her parents complained in police station

Question:will they be able to file any case on my brother if so on what sections

Hi my dear wife I am still waiting for you. i am your husband .U married me and others.Your father and your relatives had planned murder of me since u remarry still of me alive is illeagal.Please send me divorse of your s with me if u applied without my knowledge.

I only worried 1 thing in my life for my kids getting corrupted of u having sprem injected by rakesh.I respect my wife but worried of my sonss getting impure of other sprem injection.So I beg you to ask to use condoms when u have s*x with some one or else we all die like corona virus.

Waiting for you my dear wife .u r olny 1 wife to me and till my death I not going to see or marry any other girl

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13 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 24 March 2020

Dear querist,

If your brother's marriage is subsisting still then no case can be filed against your brother. Why your brother is not taking divorce as there is nothing left in marraige. He can also apply for children custody.

Regards,

Real Soul.... (LEGAL) 24 March 2020

If she is your legally wedded and maried with someone else wiyhout divorcing you ,that is illegal and she is punishable under offence of bigamy . You can file an Fir against her. She is your legally wedded wife you need to fix this loose end...

karthik 24 March 2020

Sir will police be able to file any case on my brother for using condom and sprem as part of email if so on what sections

Advocate Suneel Moudgil (Advocate) 24 March 2020

1. your brother can file a complaint case of bigamy against his wife,

2. if the email is sent to the wife only then nothing much to worry, however, the contents are offensive,

Advocate Suneel Moudgil (Advocate) 24 March 2020

to avoid any action from the wife, you should file the Bigamy case

karthik 24 March 2020

Sir my brother send to her and media and her parents filed harashment complaint in police station

Advocate Suneel Moudgil (Advocate) 25 March 2020

since sent to the media and her parents, therefore, he may face criminal charges

Advocate Suneel Moudgil (Advocate) 25 March 2020

try to settle the matter amicably involving elders/parents/friends of both families

P. Venu (Advocate) 25 March 2020

Your brother has the option to seek divorce; also, the criminal action of bigamy could be initiated if she still happens to be an Indian citizen.

S.K. Verma (NIL) 25 March 2020

Brother, I advise you that instead of involving in legal proceedings it is always in the interest of your brother to settle the case amicably. Ask both of them to sit with marriage consultant , take an appropriate decision.

T. Kalaiselvan, Advocate (Advocate) 25 March 2020

Her parents may threaten him but it can be challenged properly.

If he has enough evidence to prove that she married another person during the subsistence of his marriage with her then he can very well initiate criminal process to file a private criminal complaint against her under the provisions of bigamy under IPC .

He may also file a divorce case on the grounds of cruelty on the basis of her second marriage on the grounds of adultery.

abhinav dahiya 26 March 2020

if she is your legally wedded wife and she had married to other person than she can be punished for bigamy. no one can file a case against your brother. your brother can file a case for divorce and child custody.

Dr J C Vashista (Advocate) 27 March 2020

Why you are purturbed over the issue concerning your brother and his wife ?

If it is a true story it is advisable to consult a local prudent lawyer for better appreciation of facts/documents, professional guidance and necessary proceeding wherein your brother should opt to get out of the marriage (by divorcing her) .