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heart (partner)     23 July 2014

Section 494 ipc

I am NRI and residing in US since last 6 years in work permit. My separated wife is also US citizen and our divorce case is in process but not yet granted. We got married 3 years earlier in US.

However, my girlfriend lives with me and recently she is pregnant. My girlfriend is requesting me to marry here in US in temple to give a social status of our first child. If we marry in temple in US, will it attract  section 494 IPC or any other case of adultery in India?


Specifically I want to ask: If an Indian citizen performs an activity in a foreign country which is NOT a crime in that country, but an offense in Indian law, will he be prosecuted in India?

Thanks



Learning

 6 Replies

Shantanu Wavhal (Worker)     23 July 2014

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 July 2014

Dear,

 

Yes absolutely you be liable, because before getting the first marriage dissolved you could not have married again as IPC punishes any crime committed by an Indian citizen whether in India or outside India. He is liable u/s 494 of the Indian Penal Code - and may get behind the bars for 7 years. His second marriage is also void and non est in the eyes of law.

Section 4 IPC read with Section 188 CrPC combined effect makes his case tried at any place where he is found in India and therefore you can be tried in India for that.

Advocate Kapil Chandna

9899011450

Adv k . mahesh (advocate)     23 July 2014

already you case is running in the court so why not you talk to your  wife and settle the issue and take divorce and then marry your girl friend because where ever you are without getting divorce section 494 will attract and for divorce it will be complicated and moreover if you get married to your girl friend then your wife may demand more alimony then before 

so before it goes of from your hand first talk to her and even you can try for mutual consent divorce as already your divorce trail is going on so the period will be counted in this case 

Msk-need -nuetral- laws (self)     23 July 2014

How come Indian courts will have jurisdiction over this as marriage happened in US , not in India?

Msk-need -nuetral- laws (self)     23 July 2014

However Mr.Heart you should have some heart for your wife. Speak to her and amicably settle the matter.

heart (partner)     24 July 2014

Thanks to everyone for replying. Yes, the marriage happened in US.


The marriage which my girlfriend is requesting me is a temple marriage by the priest and this is not recognized in US law as a valid marriage.

Please advise me further what will be the consequence as per the law.

Thanks


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