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Pavan   27 January 2022

Bigamy and section 495 of ipc 1860

My wife did 2nd marriage by hiding her 1st marriage.

In my complaint along with 494, can I also add Section 495 of IPC  as 1st  husband or only 2nd husband can file Section 495 of IPC 1860

 

 



 6 Replies

PALLABH HALDAR   28 January 2022

First of all go to your nearest police station explain the things.

Then police will lodge an FIR under appropriate sections.

Because the facts are different for each and every case.The police may add relevant sections during the course of investigations.

Regards

Advocate Pallabh Haldar

Pavan   28 January 2022

Sir my  question is clear.Section 495 can be filed by 1st husband or 2nd husband

Megha   28 January 2022

Hi,

Section 494 of the Indian Penal Code, 1806 (IPC) punishes the offence of bigmany.  Bigamy is also an offence under the Hindu Marriage Act, 1955 (HMA) and is also a ground for judicial separation and divorce under section 13 of HMA.  The aggreived spouse can file a case of bigamy under section 494 of IPC and the accused spouse shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and also be liable to fine.  

Bigamy is punishable if the second marriage is performed during the lifetime of the first spouse and if the first marriage is valid as per HMA.  

Section 495 of IPC provides punishment in case the second marriage was contracted by concealing the fact of the first marriage.  In case of concealment, the second spouse, may file a complaint under this section.  Relief under thi section is specifically provided to the aggreived secong spouse.  

The remedy for the first spouse lies only under section 494.

Best regards,
Megha

PALLABH HALDAR   28 January 2022

Sec 495 by 2nd husband

sec 494 by 1st husband 

These sections will be mentioned in FIR.

IO will then investigate and take appropriate actions.

Regards

Advocate Pallabh Haldar

Pavan   29 January 2022

Thanks for your reply Sir.My wife , her parents, and her lover preplanned made my marriage with my wife and as per plan she went to her lover and demanded money for divorce and then she did 2nd marriage with he lover but the judge took 494 on my wife only 

Query: Can we ask the judge take 494 on her parents and her 2nd husband since criminal conspiracy involved in this

PALLABH HALDAR   30 January 2022

I need to get more information on this in which stage the case is? Any parallel cases going on?

If you want any further help then take a help of local lawyer or you can contact me.

And as per your query yes Criminal Conspiracy can be part of the trial but it all depends on IO.

it's all a part of investigation and Preliminary evidences

 

Regards

Advocate Pallabh Haldar


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