Easy jurisdiction - family court/district court ?

SSE

 

 

497 states that, Sexual intercourse  without the consent or connivance of that man (Previous Husband)...The so called previous husband here has released all his rights on the women in the Divorce Deed, There is an agreement between them, which allow the women to do anything what she wants. 497 will be quashed…

496. states that, Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married. Who is dishonest here? Who is going through the ceremony of being married? Husband has dissolved the marriage through court. Wife will be consider already married here. Who is married again. 496 will be quashed…

Give some light if something is missing above.


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@ Sameer

You yourself have mentioned she has commited bigamy in your previous posts,that itself shows you do not accept legality of such a divorce deed.So both 496 & 497 will apply.

Now you yourself have not mentioned important points here.

497. Adultery.--Whoever has s*xual intercourse with a person who

is and whom he knows or has reason to believe to be the wife of

another man, without the consent or connivance of that man, such

s*xual intercourse not amounting to the offence of rape, is guilty of

the offence of adultery, and shall be punished with imprisonment of

either descripttion for a term which may extend to five years, or with

fine, or with both. In such case the wife shall not be punishable as

an abettor.

 

496. Marriage ceremony fraudulently gone through without lawful

marriage.--Whoever, dishonestly or with a fraudulent intention, goes

through the ceremony of being married, knowing that he is not thereby

lawfully married, shall be punished with imprisonment of either

descripttion for a term which may extend to seven years, and shall also

be liable to fine.


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SSE

 

 

A case will be fought on its merits. Bigamy 494/495 and Section 497 are different sections.

 

Let’s talk about section 497 here only:

 

A person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man

 

>> Man himself was in an impression that women is her wife, and she is not wife of another man at the time while making s*xual intercourse


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SSE

 

 

Let’s talk about section 496 here.

 

knowing that he is not thereby lawfully married

 

>> Man himself was in an impression that women is her lawfully divorced, and His marriage with this women is lawful marriage.

 

Marriage ceremony fraudulently gone through without lawful marriage.--Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married

 

 

>> Whoever here is the Women, The marriage become fraud because of Women is not legally divorced.


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As already explained, It was husband's responsibilty to make sure that wife is not somebody's legal wife before going through marriage ceremony.So 496 will apply to both.

It cannot be assumed that at the time of s*xual intercourse, he was unaware of divorce laws & after separation from her,he became aware of divorce laws.

He is studying marriage/divorce laws only for getting divorce / annulment?

Why he could not do the same before marriage?how the marriage got registered without her valid divorce?

he must have performed temple marriage,if he had tried to register this marriage,he would have come to know the laws then only.


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SSE

 

 

After Separation, Man was supposed to file RCR...

 

But due to it is not lawful marriage, He cannot file RCR. It can be filed by lawful husband/Wife only.... 

 

Man has to study law to bring her wife back home. Not for divorce. It is good that man himself studied law Otherwise his application would be rejected at first instance or later on.

 

Register office is not authorized to check validity of documents. 


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Great.....After separation man was supposed to file RCR...

Why he wished to show intention to take back such a cruel wife?

Why a person who himself was having valid divorce decree(after going through at least 6 months of court process),check if his would-be wife is properly divorced?

Why he could not ask his lawyer if it is a valid divorce deed?

Who told you register office is not authorized to check validity of documents?

Go to any registration office & mention any of you as divorced,before registering your marriage they will ask for divorce decree & if it is not there,they will send you back.

However You can register marriage as unmarried without any proofs. 

Do you have similar personal issue?


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Worker

I am here to guide people regarding legal aspects,maybe my reply made author aware what he could expect

Chaitanya_Lawyer_Mumbai is correct.

 

A case will be fought on its merits.

Sameer12345 is also correct

 

thank you all for ur valuable guidence.


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