Hemalatham (Homemaker) 22 September 2009

Regarding Second marriage

Hello,

I'm married to IT professional last year in the month of July 2008 and I'm 8 months pregnant now. Meanwhile I came to know, my husband has already registered marriage with another girl in the year 2007and not yet divorced. And Our marriage is also registered legally. Now he is in contact with his first wife too and I'm left in my mother's place. I'm totally unaware of his first marriage during our marriage.I want to know whether I can file criminal case against him , the witnesses of his first marriage and the witnesses of our marriage. Pls help me

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3 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 22 September 2009

AS PER HINDU MARRIEGE ACT AND IPC UR HUSBAND IS PUNISHABLE BY LAW,U CAN APRROCH FAMILY COURT OF UR JURISDICTION FOR DIVORCE AND OTHER PROVISONS OF ACT

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 22 September 2009

He has committed biagamy. So u can persue and get divorce, maintenance and other benifits as well as criminal case of biagamy.

Regards
adv.kamal.grover@gmail.com

Sachin Bhatia (Advocate) 22 September 2009

Your husband has committed bigamy. It is an offence both under I.P.C and also under Hindu Marriage Act. Yes you can file criminal complaint against him under following sections.

I.P.C. Section 494. Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Hindu Marriage Act 17. Punishment of bigamy.

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly