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Sam Redhu   10 June 2021

divorce

mere wife ne divorce case kiya h 2018 m us time m bahar tha corona time m wapis aaya mujhe pata chala to mane 2021 m January m saman receive kiya uske baad vakalat nama pesh kiya court m but ab fir se corona lockdown ho gya court band ho gyi mujhe aage ki date mil gyi ise time k bich mujhe pata chala ki meri wife ne dusri shaadi kar li bina divorce k mere pass proof bhi h ab m kya kar sakta hu uske against


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 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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