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Sudhir P   14 December 2021

Divorce after bigamy

My wife done 2nd marriage and I have her photos and 2nd marriage certificate

Query: What I need to pray judge in divorce case so that the divorce judgement will not effect her Bigamy criminal case.

"TO dissolve marriage based on Bigamy"?



Learning

 7 Replies

Shashi Dhara   14 December 2021

Easy ground for divorce , inform to court.

Sudhir P   14 December 2021

what pray I need to do so that divorce will not effect Bigamy criminal case?

SHIRISH PAWAR, 7738990900 (Advocate)     14 December 2021

Hello,

You can pray to court that marraige may be dissolve by the decree of divorce. Narrate your case to advocate he will do the needful. 

Sudhir P   14 December 2021

Sir,will after getting divorce will this effect criminal case?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 December 2021

Bigamy does NOT apply when:

  1. The first husband or wife is dead
  2. The first marriage has been dissolved by the court. (Under the provisions of Section 13 of Hindu Marriage Act, 1955 or other allied provisions).
  3. The first marriage has been annulled by the court as they are voidable nunc pro tunc in nature. (Under the provisions of Section 12 of Hindu Marriage Act, 1955 or Section 3 or The Prohibition of Child Marriage Act, 2006 or other allied provisions)
  4. The first marriage is Void-ab-initio and may have been declared so by the court. (Under the provisions of Section 11 of Hindu Marriage Act, 1955 or Section 12 of The Prohibition of Child Marriage Act, 2006 or other allied provisions)
  5. The first spouse has been unheard of for seven continuous years. A person missing for 7 years is presumed dead by virtue of Section 108 in The Indian Evidence Act, 1872.

Sudhir P   14 December 2021

Sir thanks for your reply.My query is different

I filed bigamy on wife on Jan-2020 since she done 2nd marriage in 2019.and if court grants divorce to me and my wife in year 2021,then will this divorce effect criminal Bigamy case filed by me on my wife?If so what should I pray the Family court judge so that divorce issued by family court will not effect Bigamy criminal case

 

Anaita Vas   18 January 2022

Any marriage occurring while one of the spouses is already in a legal marriage is void—meaning legally invalid. 

In certain states, bigamy constitutes a legal basis (ground) for divorce. You can allege bigamy as the reason for your divorce if your spouse knowingly entered into the bigamous marriage.

 Essentially, bigamy is not only a ground for divorce. It is also an offense and naturally makes the marriage void, hence making it unnecessary for parties to file for a divorce. 

This will not affect the bigamy case on your wife as the case of bigamy and divorce are different. 

Also, it is possible to have both civil and criminal proceedings running against the same person for the same thing at the same time.

 

Regards,

Anaita Vas


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