Civil Procedure Code (CPC)

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SHIRISH PAWAR, 7738990900 (Advocate)     10 June 2021

divorce

Hello,

Aap us shadi ko null and void karne ke liye court me application de sakte hai .Par ye sab se jyada kuch nahi hoga. Ab sab bhul jaye to achha hoga. Time waste karne se achha dusri shadi karlo. 



 4 Replies

P. Venu (Advocate)     10 June 2021

You have the option to agree for divorce so that you have the chance for a better life.

Sanjay Narayandas (Advocate)     10 June 2021

Hey,

Since you are saying you have proofs, you can file a police complaint for bigamy. 

T. Kalaiselvan, Advocate (Advocate)     11 June 2021

You can file a private criminal complaint under section 494 IPC for the acts of bigamy against her before the jurisdictional judicial magistrate court.

On the basis of the substantial evidences to prove her acts of bigamy you can get her punished for the commission of this offence

Kevin Moses Paul   20 July 2021

As per the Indian Legal System mock or fraud marriages are punished under Section 496 of the Indian Penal Code (IPC), 1860.

The Indian Penal Code section 496 deals with Marriage ceremony fraudulently gone through without lawful marriage.

The section states that - "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".

Any person convicted u/s 496 of IPC is awarded with a punishment of imprisonment which can be either simple or rigorous in nature, for a term of maximum seven years, in addition to a fine.
However, in the case of Shiekh Altmuddin v. Emperor, 4 Cri. LJ 152 where the marriage ceremony which is gone through is invalid by the reason of existence of the previous marriage, then Section 496 shall not be applicable, because such an act is subjected as an offence of bigamy dealt under Section 494 of the code.

Since, you have proof of your wife's second marriage irrespective of the fact that she hasn't yet obtained legal separation or divorce from you, you're supposed to register a complain against her for the commencing of the offence of Bigamy.

The section 496 of IPC deals with Marrying again during lifetime of husband or wife.

It states that - "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 descripttion for a term which may extend to seven years, and shall also be liable to fine".

Hope It Helps

Regards
Kevin M. Paul

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