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Pravi (-)     11 November 2011

Is second marriage punishable

Dear Sir,

I have a regarding second marriage. 

My sister, who is a govt employee in health department of karnataka state, has married (register marriage) a person who is also a govt employee in health department of karnataka state. This person is already a married person and is living with 1st wife and they have 2 children also. But for my sister its the 1st marriage. She knew that person is already married and has children. Even then they got married. Both are Christians.

Now can u pls let me know,

1. whether this marriage is accepted according to law?

2. what would happen if someone complains about this either to the health department or the court.

3. Who will be punished? Whether the person who married for second time while still living with first wife or my sister? 

Pls reply.

Thanks in advance.

Pravi



Learning

 6 Replies

A V Vishal (Advocate)     11 November 2011

 

Originally posted by :Pravi
"


Dear Sir,

I have a regarding second marriage. 

My sister, who is a govt employee in health department of karnataka state, has married (register marriage) a person who is also a govt employee in health department of karnataka state. This person is already a married person and is living with 1st wife and they have 2 children also. But for my sister its the 1st marriage. She knew that person is already married and has children. Even then they got married. Both are Christians.

1. whether this marriage is accepted according to law?
Ans NO

2. what would happen if someone complains about this either to the health department or the court.
Ans. They may be booked under the relevant provisions of the criminal justice and may end up in the prison and lose their jobs subsequently.

3. Who will be punished? Whether the person who married for second time while still living with first wife or my sister? 
Ans. Both, and the second marriage is treated null and void and the children born will be illegitimate.
 

"
1 Like

Adv. Chandrasekhar (Advocate)     11 November 2011

1. whether this marriage is accepted according to law?

No.

2. what would happen if someone complains about this either to the health department or the court.

He would lose his job, but she can retain her job on the ground that she is not aware of his first marriage.

3. Who will be punished? Whether the person who married for second time while still living with first wife or my sister? 

Husband.  Sister can escape on the ground that she is not aware of the first marriage of the husband.

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 November 2011

Dear Parvi

read this

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 descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

 

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

 

State Amendment

 

Andhra Pradesh

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

2 Like

(Guest)

Christanity doesn't allow two marriages or home wrecking. Go confess you sin to the father who'll pardon you as well as make a woman out of you as well nullify your relationship with this man. You don't need IPC ,LAW or advocates. In short try avoiding courts and confess before the father not here or anywhere.

1 Like

Rajeev Kumar (Lawyer/Advocate)     11 November 2011

I do agree with above experts.
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

Both would be liable for bigamy. Second wife as an abettor, because she knew of first marriage.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

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