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Govind Sai (director)     28 August 2012

Bigamy while mutual divorce pet. pending

Dear LCI Members

I and my wife have already filed Mutual Divorce petiion in the court a month back. Now I need to travel to Mumbai for a few days. If I take my girl friend with me for this outstation trip can my wife file a complaint with the police that I am practising Bigamy, while our mutual divorce petition is pending in the court.

Thank You.



 25 Replies

RK (adada)     28 August 2012

My Friend unless your Wife comes to know about that, she cant do anything, Bigamy under IPC 494 needs to be proved. Enjoy with Caution

rahul (director)     28 August 2012

Bigamy means, if you  married. this is not Bigamy ?

like you see.. aditya Chopra, roaming around with rani mukherji

while payal khanna is his wife..

that doesnt matter, if you have friend and you are going on a trip with her,, its totally ok

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 August 2012

Bigamy is attracted when you marry during the subsistence of your marriage. Just making an outstation trip with your girlfriend does not attract bigamy, you might as well live in a live in with your girlfriend without committing an offence.

1 Like

(Guest)

Take your girlfriend along without any fear. You can even start a live in with her during the pendency of your marriage. Live in will not make you liable for bigamy.

Don't worry the least.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjan and Haryana High Court

1 Like

Biswajit Kumar Patra (Advocate)     28 August 2012

 

Dear Govind,

It does not amount to bigamy as you are not going to marry for the second time while your first marriage is subsisting. However I suggest you not to take any such step unless otherwise it is indispensible, otherwise also its a matter of few more days.

Further if your wife comes to know about the same then she may also withdraw the mutual consent petition and may file a divorce petition on the ground of adultery demanding hefty amount as compensation or only to harass you further.

rahul (director)     28 August 2012

 

@ ADV BHARAT CHUGH

 

CAN  any one withdraw MCD after 13B(1), when mcd was filed under settlement and wife took 50% of the amount and remaining 50% at 13B(2), i.e. after 6 month?

When statement recored in court and mentioned in the order sheet that both the party are bound by this settlement and cant not daviate from this settlement. with both the party's signed and  finger impression taken in front of judge on the statement. 13B(1) ALLOWED.

 

also mentioned in the statment and judge order that parties arrived at this  settlement with any pressure and on their sweet will,

on this settlement MCD

 

divorce filed by husband withdowns and file sent to record room as case disposed off with the order that parties settled aoo their despite and  filed 13b(1)

 now petitioner(husband) dont wanna persure his divorce petitoner in view of settlement.

 

   

 

Nina Rakheja (unhappily married)     28 August 2012

Can a woman lead live-in while her one marriage subsists?


(Guest)

She can.

Having said this, it will invite prosecution for her live-in partner if a complaint is made in this regard to the court, which in the absence of strict proof will result in acquittal.

1 Like

Ranee....... (NA)     29 August 2012

Nina, where ever you go introduce your boyfriend as your elder brother/cousin and register as same in hotels etc.Your old husband can not do anything to him.:)

1 Like

Shantanu Wavhal (Worker)     29 August 2012

 

perverse question by : Nina Rakheja :

Can a woman lead live-in while her one marriage subsists?

 

 

Height of perversity by Ranee....... : 

Nina, where ever you go introduce your boyfriend as your elder brother/cousin and register as same in hotels etc.Your old husband can not do anything to him.:)

Ranee....... (NA)     30 August 2012

@Amit

did you not read 

 

Just making an outstation trip with your girlfriend does not attract bigamy, you might as well live in a live in with your girlfriend without committing an offence.???

why can a woman do same thing?

 

 

Shantanu Wavhal (Worker)     30 August 2012

its ADULTRY - IPC 497.

Ranee....... (NA)     30 August 2012

Adultary is very tough to prove.If a husband can cohabit another lady without divorce then why the wife can't?She just have to do everything without proof by above methods.

Amit (NA)     30 August 2012

If you do anything w/o proof then it's fine.

But if you stay in a hotel or guesthouse with boyfriend then it should be a good ground for adultery right?

And how can you say he's brother or cousin? Brothers and cousins don't come out of nowhere, how will you prove that he's your brother or cousin?

Advantage of adultery by husband is wife can't do much apart from asking more maintenance may be.

But adultery by wife is advantageous to husband as the male adulteror is liable to criminal case and husband can get away with maintenance while giving another strong reason for divorce. It's disdvantageous to wife as she'll lose maintenance, her boyfriend will run away as soon as criminal case is filed against him (or compromise with the husband) and wife will have to look "elsewhere" eventually earning the reputation of being "a public woman".



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