twinkle (er) 02 August 2012

Cans econd wife file complaint for cheating

Hi,

Can a wife file complaint against her husband after finding out that he was already married earlier. Both parties are hindus.

Also second wife has marriage ceritificate but her husband was alreadr married before to someone else and was hiding it from her.

Then for 10 years the second wife tolerated him since he kept saying he will divorce his first wife but now she cannot tolerate it any more.

but now can she file complaint of being cheated?? and put him in jail?

Reply Follow

11 Replies

Tajobsindia (Senior Partner ) 02 August 2012

1. Yes you can.
2. Read with your appointed advocate annexed Judgment of Mumbai HC which are quite similar to yours.

All the best.

Attached File : 135191930 mumbai hc remanded bigamy case back to asj court in pune and convicted husband of charges of bigamy.pdf downloaded: 160 times

1 Like

Alok Tholiya (self employed) 02 August 2012

It is a serious issue of deceiving, defrauding, adultery,cheating etc. and that man should get sever most punishement.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 August 2012

It is a case for bigamy. And not just 494 but 495 i.e aggravated form of bigamy as the second marriage was done keeping the wife in dark

Krish Narayan (Advocate) 02 August 2012

1. Only 495 will attract - Concealment of earlier marriage.

2. For cheating there is limitation in Cr.P.C. Since she knew the fact of subsisting of first marriage of her husband for 10 years, cheating will not come.

3. For 495 there is no limitation. However there will be naturally a question that what the wife did for all these 10 years of living with the husband knowing his earlier marriage. Because she must establish that she has been aggrieved person under section 198 of Cr.P.C.

4. For 495 she must establish, that both the marriages have solemanized as per hindu customs and rites. Heavy burden of proof on the side of wife.

Therefore think before complain. It may backfire.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT) 11 August 2012

Clear cut case of bigamy and the relevant sections has been dealt with by the experts above. Section 420 too can be incorporated in addition.

Rajan Bhasin (Law Student) 12 August 2012

As the marriage is 10 years old. I am sure there must be kids involved too.

What she will achieve after complaining and sending husband to Jail.

Legally she can but logically she should resolve the matter with some elders or even NGO/marriage counselor

Regards

Rajan Bhasin

+91-9910571733

SAINATH DEVALLA (LEGAL CONSULTANT) 13 August 2012

Dear Mr.Rajan,

What is the position of the second wife legally? ZERO. When the husband has misled her by concealing his earlier legal marriage,he has to be punished for bigamy.Otherwise he will repeat again with some other lady.