Shantanu Wavhal (Worker) 29 July 2012

Bigamy + my case

1) What is the procedure to file BIGAMY (IPC 494) complaint with magistrate ?

Is it similar to filing a civil Petition ?

2) Is it required to file affidavit along with the plaint ?

3) How to locate the magistrate ? (married at Alandi Devachi, Tal: Khed, District: PUNE State: MAHARASHTRA)

4) Do i need a lawyer / should i file 494 in person ?

5) No documents required to file complaint of Bigamy - RIGHT ?

6) Along with the plaint, Is it required to file the certified copies of the ''other cases pending'' between the parties ?

cases pending are -

1) HMA sec. 11 - declaration of nullity - filed by myself

2) sec. 24 - Int. maint. - filed by the Respondent Void wife.

3) dowry harassment complaint filed by the Void wife at Mahila Suraksha Samiti.

facts :

husband (myself) has divorce decree out of his first marriage.

void wife has sub-registrar divorce deed (customary) out of her first marriage.

married in May 2011.

desertion in Oct. 2011. (lived together for total 2/3 months by summing up the pieces)

sec. 11 filed by me in dec. 2011 - wife (govt. servant - salary = 35 K / month) & her first husband (teacher), both are respondents.

summons served in Jan. 2012.

first husband appeared on the first opportunity given by court & filed his WS.

In March 2012, i filed HMA sec. 21B application for expeditious trial - court ordered OTHER PARTY TO SAY - no say is given by R1 & R2 till date.

void wife sought 3 opportunities to file WS - but filed none - NO SAY order passed.

on next hearing (10 / 07 / 2012) she got NO SAY order SET ASIDE and filed WS + sec. 24 application.

on the next calander day (11 / 07 / 2012) she filed complaint at CAW - dowry harassment = 10 Lakhs.

i was informed about this complaint by CAW on 26 / 07 / 2012 & was invited to appear on 28/07/2012.

accordingly i appeared at CAW & recorded my Statement along with the certified copy of my sec. 11 petition and the sec. 24 app. filed by her - she was absent.

her lawyer told me that she has also filed DV case (i have not received the summons yet).

Her offer to settle the cases = 65 Lakhs.

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1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 01 August 2012

Bigamy is contracting another marriage by one who already has a living lawful spouse. If a prior marriage was void, it will have created no status of “lawful spouse.” However, if it was only voidable and has not been voided by a competent court, this is no defense. A belief that a prior marriage has been terminated by divorce, death of the other spouse, or otherwise, constitutes a defense only if the belief was reasonable. See R.C.M. 915(j)(1).

Lesser included offense. Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years