2nd wife 494 ipc

the second wife has not committed any crime here, she can not be prosecuted for bigamy here....marriage is not bigamous qua her...

Dear Rao,

2nd wife has no living spouse at the time of her marriage.  So, she is not liable for the offence of bigamy.

I differ,

2nd wife if aware about the subsisting first marriage can be prosecuted as abettor to the crime.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee sir,

The author has stated in his query that the husband supressed the factum of his earlier marriage.  Then, where is the question of knowledge about it to the 2nd wife.  

I think your answer is not correct.

Dear Mr. Kapoor...please read the entire concept of Abetment prior to making a conclusion.

m not offending you but study it thoroughly...

What if second marriage happens to be Gandharva Marriage? What position do court take on such marriages? What about second marriage according to Islamic Law?

https://www.gandharv.com/gandharv-marriage/

Dear Nina,

To my knowledge, there is no legal recognition to such type of marriages.  

Islamic law permits a man to marry four wives.  Personal law prevails here.

I don't understand this Judgment given in the link below>Lacks clarity and appears to be self contradictory at places and specific at other places:

https://www.indiankanoon.org/doc/1630427/

Nina, I dont find any contradictory in the judgment reading section 17 of the Act read with section 5 (i). Consider this, if the second marriage was solemnized  while the first was existing, what will be the status of  the children born of the second marriage? BASTARD isnt? or do you call it as Legitimate children?

What is the issue in understanding the said judgement?

In this judgement the marriage as per CUSTOM was not confimed and hence the accused got the benefit of doubt.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

In case 2nd marriage under Muslim Law then 1st wife "if" Hindu has the option to file for divorce under s13(1)(ii) HMA, when the other spouce ceases to be a Hindu by conversion to another religion.

So even if the wife get a divorce, does the husband go scot free? That will not be justice enough for the 1st wife, while the offender husband does as he pleases?

Dear Ld. Sridhar/ Ld. Kiran Kumar,

I believe that being seasoned lawyers, you would know that FIR is filed as per the complaint. The Court can not remove the names, if alleged that the 2nd wife knew he was married before.

Prima facie case would be made out if the first wife has testified about the second wife being abettor. 

494 is a non-cognizable offence, so a private complaint case would be instituted on the complaint.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com