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Ramchander S (Mech Engg)     15 September 2012

Criminal complaint - husband who has married w/o divorce


My aunt was married to an NRI. The NRI married another woman without divorcing my aunt in the US under US marriage laws.


I have now got hold of his marriage certificate with the second lady. Can we file a criminal  complaint against the husband. If so, what is the procedure and what laws are applicable.


Please advise.


 4 Replies

H. S. Thukral (Lawyer)     15 September 2012

you can file a complaint  under section 494 IPC. Since the offence is non-cognizable you have to file the complaint before Magistrate. 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 September 2012

Since her husband is still an Indian - wherever he goes in the world - Indian Penal Law still applies on him as per S.4 of the Indian Penal Code, 1860. He has committed the offence of bigamy, and a complaint case can be filed against him in the local magistrate's court. If the aunt has subsequently taken up residence in India she can do it at the place she resides. 

Bharat Chugh

*Advocate Supreme Court of India

1 Like

Ramchander S (Mech Engg)     17 September 2012

Thank you.


1. What would be the procedure after complaint has been filed with the magistrate. Would she need to visit the court many times.

2. Just discovered new facts.

a. The husband took up American citizenship in the 1990's after an American court granted divorce for a marriage performed in India.

b. He married the other woman in 2002 in the USA.

c. The divorce case with my aunt is going on in the Indian courts.



H. S. Thukral (Lawyer)     17 September 2012

Who filed divorce petition in Indian Court? where did the marriage took place?. The courts in India are not bound by foreign decrees particularly if the same is obtained by fraud or by supression of facts. You can still file a complaint under 494 before the area judicial magistrate. Exemption from appearance of the complainant can be at the discreation of court but it can be sought.   

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