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Reema (Doctor)     09 August 2012

Bigamy & nullity

One Rajkumari married one Mr Sanjay and leaves him  within 2 months of  marriage and  6 later months get mutual divorce on notarised Rs 100/ stamp paper and then  again she marries one Mr Ajay within a year. How bigamy will apply legally? Who is entitled to file a case of bigamy and on whom?



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 August 2012

bigamy applicable to man.  Sanjay has to file divorce on the ground of Rajkumari's marriage with Ajay

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 August 2012

The first husband and even the second husband can file a complaint of bigamy if the second husband had'nt known about first marriage.

3 Like

Reema (Doctor)     09 August 2012

 Finally who is guilty of Bigamy-   Rajkumari or Ajay?  Who is guilty of Adultry? Can Ajay file  a case of Bigamy against Rajkumari ?

Pl comment on the following :

“bigamy charges technically” is not applicable in  Rajkumari's case. The "person aggrieved" (only two persons here can be called aggrieved her father and her first husband) can file a case of bigamy either in court or at the police station.(  if so, but against whom).

Can her first husband (or even her father) l come back to her life after 7 or 8 years  now  to attempt filing "bigamy" case on her second husband !

Vinav K Mishra (Lawyer)     10 August 2012

reema mam father is not in the picture altogether. he is not an aggrieved person. both the husbands are. sec 494 of ipc applicable. read it. any spouse during the life of his/her spouse marries again and such marriage is void by operation of Sec 494 of ipc and sec 5 read with 11 of hma. and the aggrieved person in this case, being both the husbands, can file bigamy against the wife as the second marriage is void.

Agreed with Adv B Chugh

Tajobsindia (Senior Partner )     10 August 2012

 

Originally posted by : Reema

 

Pl comment on the following :

“bigamy charges technically” is not applicable in  Rajkumari's case. The "person aggrieved" (only two persons here can be called aggrieved her father and her first husband) can file a case of bigamy either in court or at the police station. (if so, but against whom).

Can her first husband (or even her father) l come back to her life after 7 or 8 years now  to attempt filing "bigamy" case on her second husband !

 

I think these are my quotes (from para 4) and you are twisting matter by creating second post and testing subject Experts. You could have put Rajkumari / Sanjay / Ajay or Hema / Salman / Amir as in names in your earlier post thread whose link I am placing for clarity here for readers to see clarity in my replies how it is being twisted by you wasting precious times of subject experts;

Your earlier pots link:-

https://www.lawyersclubindia.com/forum/Legal-course-of-action-62792.asp

Now let me give you same iGyan here which I gave in earlier post thread of yours too. [Only things changed are names with which points of law does not change color!]

Bigamy is barred under limitation act in your previous thread and this twisted thread too - after seven years of not hearing about first husband (Sanjay) neither Sanjay can put charges of bigamy nor your father can put charges of Bigamy on Ajay. Only two persons in a women's case file charges for Bigamy that is she herself and or her father. However Rajkumari's second marriage is void. Also divorce taken on notarised paper is not valid divorce in eyes of law if Rajkumari is not from Patel's community. Rajkumari’s second husband Ajay can only charge Rajkumari on “fraud” in marriage only if he wants to means only he has right to 'objection'.  But I repeat I have reservation about it that he will put charges on you. Normally Public Servants donot want easy brush with Law moresoever in matrimonial matters. But he has to do it being a Public Servant as "nomination and proceeds from his govt. service has to go to someone as per filled public record" and normally Public Servant give "wife's name i.e. Rajkumari's name in instance case" in "nomination" as per Civil Services Rules (Central or State).


See in the absence of words in the statute dispensing with proof of mens rea, it must follow that the crime can be committed only with requisite mens rea and if the person charged believed that he was legally free to marry again, it cannot be said that the crime was committed with the requisite mens rea. Admittedly, there is a notarised divorce deed entered into between the parties (Rajkumari with first husband). It (deed) probably may also recites that the parties were residing separately on account of differences between them and they were convinced that it was not possible for them to live together and they resolved to terminate the marital tie and they purported to do so under the document. It might also be stated in the notarised document that Rajkumari and (first) husband that by virtue of this document, each of them would be at liberty to marry again. I donot deny the fact that divorce by a registered document is not known to law governing the parties. Therefore, in the eye of law this Notarised Document was not sufficient to put, an end to the marital tie with first husband. No doubt, ignorance of law is no excuse. But your case involves not merely ignorance of law but a belief on the basis of certain facts and circumstances within the knowledge of the parties. The recitals (stamp paper deed) if brought to public domain the notarised Divorce deed would clearly show that the parties honestly believed that they were no longer husband and wife and that they were at liberty to marry again. In these circumstances, it has to be held, that the second accused (Rajkumari), when she contracted the second marriage, acted on the bona fide belief that her marital tie with first husband had been severed under Notarised Divorce deed document and she was at liberty to marry again, and that thereby she was not doing a wrong act. The benefit of doubt in this behalf must certainly go to her.


Now hear my repeated golden words again if this is yours case; you / your side will burn money and waste your time by filing any case on Ajay. Simple thing here to do is to ask Ajay to file a case of "nullity" in marriage and pay for his lawyers fees and donot oppose it otherwise also you / your side have no legal grounds to oppose it. You will get your stridhan back as well as get freedom to marry a third time. Ajay has already shown readiness to return your stridhan but he is asking "finality" which to any prudent / reasonable person is honorable question's answer to such void marriage. On today's date your first marriage is legally dead as Sanjay is not heard of from last 7 years. If Sanjay appears from Moon and files bigamy or any case as a matter of fact Rajkumari will go scout free may be by paying some money as "fine" but poor Ajay's Lawyer has to read down Law of Limitations to get Ajay bailed out of charges of bigamy any how Law gives sanctity to such belated bigamous marriage to Rajkumari which is your golden egg.  PERIOD

Lastly if you want to check my reply to your last post and this post in Experts section which I am sure next you will move your query there, then kindly quote previous post link and this post link for Experts easy understanding instead of you confusing Experts too.

Lastly donot treat advocate(s) replying to your questions as fools to twist threads as you may please. I took objections to that and I have nothing ‘personal’ or ‘for’ against your thread(s). I can in flat 3 minutes bail out second Husband i.e. Ajay out of Court with decree in hand same day and ensure you pay the cost!

Savvy !

Note: All "you" are generic here. 

1 Like

Reema (Doctor)     10 August 2012

Dear Tajobsindia

 I really salute you for your knowledge, expertise on law and in fact mesmerised by your legal  acumen  and approach and  feel sorry if I have offended you. Hats off to your precious guidance and believe I wouldnot be able to get this legal expertise guidance by paying a heavy fee even or consulting local counsels personally and no one would guide me  to that extent bringing such a crystal clear picture of law in the case under question. Sometimes local people misguide as well and twist things putting the whole thing in jeopardy. I am enlightened with a clear picture.

In fact, I am myself confused and dinot intend to confuse experts and twist matters. I was confused on the issue of father coming into picture as aggrieved( as he is dead, I have an elder brother only in place of father).

The second confusion that prevails in my mind is and what I a trying to explore is the following key concern:

Looking to my current situation and considering all aspects as described by me ,  CAN MR. AJAY ( my second husband) FILE A CASE OF BIGAMY AGAINST ME? IS HE LEGALLY ENTITLED TO DO SO?( whether he actually will or not or may exercise his option to do so or not  as a public servant  to this I may say he  mayprobably not.. but whether entitled to file it  if he may so desire at any point of time..may change his mind  to do so  thats what I am afraid of )

Sorry for incovenience to experts.


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