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Madhu Sharma   03 September 2022

Bigamy and domestic violence


I am hindu and I live in bikaner, RAJASTHAN. I got married in 2011 in bikaner with a hindu guy but there were several fights between us so my husband left me in 2017 and started to live seperately in delhi. I still live in my husband’s house with his parents and my one baby. I had doubt that he was living in livin relationship with a hindu girl but I had no proof. Now few days ago, he told us that he did marriage with that girl in 2020 without giving me divorce. I said we are still married and it is illegal then he told he and that girl both have accepted ISLAM religion [like actor Dharmendra and actress Hema Malini] and become muslim before marriage so their marriage is completely legal and I can’t do anything.


1. Is it really true that his marriage is legal ? Isn’t it a crime in eyes of our law?

2. Is there really nothing that I can do to punish him and teach him a lesson? What lawsuit can I file against him ?  

3. Can he be arrested for bigamy charges even if he has changed religion before marriage ? or he is completely safe and can live his life without any problem.

4. Is it also called love jihad ?  or love jihad is a different thing. I can take this matter to media if it is same as love jihad.

5. Can I still file a domestic violence and dowry case against him because we are still married? Will it be easy for him to get rid of those cases because he can tell police/court that I did it just to take revenge after coming to know about his another marriage which is legal? Will it give him advantage and make my case weak?  

 
Please reply.

Thanks.



Learning

 3 Replies

Dr J C Vashista (Advocate)     03 September 2022

@ Madhu Sharma,

We understand the trauma and difficulties faced under the circumstances posted by you.

Question wise answer is as under:

Q 1. Is it really true that his marriage is legal ? Isn’t it a crime in eyes of our law?

A. Yes, consequent upon his embracement of Muslim it is legal and not a crime.

Q 2. Is there really nothing that I can do to punish him and teach him a lesson? What lawsuit can I file against him ?  

A. You have to be behind his blood, follow him and get him behind the bars by filing criminal complaints. However, it is a subjective question, where it will not be possible to advise you regarding the course of action to be initiated by you.

Q 3. Can he be arrested for bigamy charges even if he has changed religion before marriage ? or he is completely safe and can live his life without any problem.

A. Move a complaint under section 494 IPC for contracting another marriage during subsistance of a legal marrage. Contact and consult a local prudent lawyer for proper guidance and necessary proceeding.

Q 4. Is it also called love jihad ?  or love jihad is a different thing. I can take this matter to media if it is same as love jihad.

A. No, it is not covered under the term "love jihad". You are at liberty to take up the matter with media.

Q 5. Can I still file a domestic violence and dowry case against him because we are still married? Will it be easy for him to get rid of those cases because he can tell police/court that I did it just to take revenge after coming to know about his another marriage which is legal? Will it give him advantage and make my case weak?    

A. You must move complaint(s) for committing the offence(s) under the Protection of Women from Domestic Violence Act, 2005 and Inidan Penal Code, 1860.

Nothing can be presumed at this stage regarding telling police and Court(s) but certainly not as counter-blast of another marriage.

Making your case strong / weak depends upon the facts and circumstances submitted by you and those allegation(s) are proved / evidenced by you, which can not be assumed by experts on this platform.  

It is advisable to consult and engage a local prudent lawyer.
 

Sidhhi   03 September 2022

Very true Madhu. Please talk to your in-laws first and then to your parents. You have been cheated but court cases will pressure you further emotionally and financially. Don't want to discourage you but it's take years to get justice in our judicial system and you may still feel empty handed even if court rules in your favour. Support of your in-laws and parents is the key.

Madhu Sharma   15 September 2022

Hi,

Thanks for your reply.

I want to send him in the jail forever. And I want to do it in the shortest period of time.

If I file
a] a domestic violence case or
b] dowry case or
c] Move a complaint under section 494 IPC for contracting another marriage during subsistance of a legal marrage then

Q-1. In which case [a or b or c] will he be arrested immediately by police and I will not have to wait for his arrest till the court’s judgement.

Q-2. In which case will it be a non-bailable arrest whether arrested before or after court’s judgement ?

Q-3. what is the minimum and maximum punishment under case A and case B and case C?

Q-4. How long [month or years] generally it takes in getting a judgement in case A and case B and case C?

Q-5. I heard that there is No Arrest During Two Months Cooling-Off Period After FIR Registration of dowry cases and domestic violense cases. Is it true? Does the same apply to 494 ipc?


Please reply.


Thanks again.

 


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