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Prakash Nair (Advocate)     26 February 2016

Family Case- unsettled

Divorce case delayed inordinately, meantime got exparte decree twice for opposite party's deliberate absence. Meantime after setting aside exparte decree the proceedings delayed again. The reasone for divorce is chronic schezophrenia and supported with records and doctors deposition. Against divorce case there are 498 A, DV case etc. Children are with husband. Husband commits marriage for childrens welfare, but not legally registered. What are the consequenxes if the first wife file bigamy case ?


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 10 Replies

Vijay Raj Mahajan (Advocate)     26 February 2016

Bigamy in criminal proceedings has to be proved withe sufficient evidence essential marriage ceremonies of both marriages otherwise filling complaint u/s 494,495 IPC for bigamy will fail and such spouse will be free of such charges. If you have the sufficient evidence then only proceed otherwise not.

Vijay Raj Mahajan (Advocate)     26 February 2016

Bigamy in criminal proceedings has to be proved withe sufficient evidence essential marriage ceremonies of both marriages otherwise filling complaint u/s 494,495 IPC for bigamy will fail and such spouse will be free of such charges. If you have the sufficient evidence then only proceed otherwise not.

saravanan s (legal advisor)     26 February 2016

Gather evidence for marriage like invitation photograph or any other eye witness and file by bigamy case

SOLOMON.RAJ (advocate/director)     26 February 2016

Chronic schizophrenia isa good ground fr seeki9ng divorce provided suppoerted by all evidence from qualified doctors and also based on the investigation reports.

As for filing of crimnal cases for bigamy under section 494 of the Indian penal code if you have sufficient docuymentary evidence pertaining to the second marriage I.e. MARRYING DURING THE LIFETIME OF HUSBAND OR WIFE, whoever marries havinga husband or wife living which is void by reason of it's taking place during the life time of such husband or wife shall be pu8nished with imprisonment whgich may extend to seven years and shall also be liable to fine.

If proven guilty he or she shall be punished as above and in any case the secoind marriage will be void.

SOLOMON RAJ

Advocate, High Courts of Andhra Pradesh & Telangana

BHARAT GAURAV SAMMAN AWARDEE.

National vice president , All India Christian's Council,

Indian Ombudsman , Unashamedly Ethical,

National Joint Secretary, Christian Legal Association,

Ph:9866545086,

email:justiceleague367@yahoo.com

 

SOLOMON.RAJ (advocate/director)     26 February 2016

Chronic schizophrenia isa good ground fr seeki9ng divorce provided suppoerted by all evidence from qualified doctors and also based on the investigation reports.

As for filing of crimnal cases for bigamy under section 494 of the Indian penal code if you have sufficient docuymentary evidence pertaining to the second marriage I.e. MARRYING DURING THE LIFETIME OF HUSBAND OR WIFE, whoever marries havinga husband or wife living which is void by reason of it's taking place during the life time of such husband or wife shall be pu8nished with imprisonment whgich may extend to seven years and shall also be liable to fine.

If proven guilty he or she shall be punished as above and in any case the secoind marriage will be void.

SOLOMON RAJ

Advocate, High Courts of Andhra Pradesh & Telangana

BHARAT GAURAV SAMMAN AWARDEE.

National vice president , All India Christian's Council,

Indian Ombudsman , Unashamedly Ethical,

National Joint Secretary, Christian Legal Association,

Ph:9866545086,

email:justiceleague367@yahoo.com

 

Prakash Nair (Advocate)     26 February 2016

Since the husband is not getting divorce even after getting 2 exparte decrees and the court observing the delay tactics of the wife-against whom records and evidence were given for psychic treatments, the husband forced to commit another marriage with a sole intention to take care the children- custody of children are with husband. The newly married girl is illiterate, unable to conceive and poor. In such case wherein the husband was left with no other option- whether the bigamy charges will hold or what ? Is there any relief for him -(the genuineness of his humanitarian stand can be proved)

Prakash Nair (Advocate)     26 February 2016

There is absolutely no chance for children in the new wedlock. The aggrieved husband, out of compulsion only selected a "care taker"- in fact a care taker...

Prakash Nair (Advocate)     26 February 2016

And the insanity of the first wife is on records and in evidence are beyond doubts.

Prakash Nair (Advocate)     26 February 2016

Client's apprehension is that as to whether temple records will suffice the conditions for valid marriage or not..in a case of alleged bigamy.

Prakash Nair (Advocate)     26 February 2016

Client's apprehension is that as to whether temple records will suffice the conditions for valid marriage or not..in a case of alleged bigamy.

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