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Marriage with 2 wives and bigamy

Page no : 2

Pratija Goyal (None)     11 November 2014

Sudhir Sir i want to file case on Bigamy and Cheating and i want to get Alimony and Maintenance.Is this possible for me ?

 

Yes i knew about his earlier marriage which i deny now as there is no proof for him to show that i knew about it.

Also if i accept that i knew then i will not get any Alimony and i will also be punished.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2014

The legal aspect is that second wife can also file for Bigamy. The SC has held in A. Subash Babu v. State of A.P., (2011) 7 SCC 616

 

S. 198 - Bigamy - Prosecution for - Expression ``aggrieved person'' under S. 198 - Scope, meaning, ambit and interpretation - Second spouse, whether an aggrieved person entitled to file complaint for offences under Ss. 494 and 495 IPC - Appellant concealing fact of his having an earlier living wife, and marrying Respondent 2 - Held, a woman with whom a second marriage is contracted by suppressing fact of former marriage is an ``aggrieved person'' for purposes of S. 198 CrPC and would be entitled to maintain a complaint under Ss. 494 and 495 IPC - S. 494 IPC does not restrict right of filing complaint to first wife only and there is no reason to read S. 494 IPC in a restricted manner - To achieve laudable object of monogamy, meaning of phrase ``aggrieved person'' has to be expanded - Expression ``aggrieved person'' denotes an elastic and an elusive concept - Its scope and meaning depends on diverse and variable factors - Further, S. 495 IPC punishes an aggravated form of bigamy and is an extension of S. 494 - Word ``concealment'' in S. 495 refers to concealment of former marriage from second wife - Therefore, second wife is an ``aggrieved person'' under S. 495 IPC - As S. 495 is an extension of S. 494 IPC, second wife is also an ``aggrieved person'' under S. 494 IPC - Considering the miseries inflicted on such second wife arising out of the gross fraud perpetrated upon her, further held, to debar second wife from filing complaint under S. 494 IPC would be the height of perversity, (2011) 7 SCC 616-A
 
 
However, on factual grounds; I would suggest you not to file any such case; because merely saying that  you did not know of first marriage would start the prosecution but after ages; it would be proved that you had inkling etc. and thus you may not take the case to logical end.
 
 
Regards,
1 Like

Sudhir Kumar, Advocate (Advocate)     12 November 2014

You knew that he is already having a wife so you cannot be complainant rather accused in bigamy case.

If you did not know about his earlier existing marriage then charges against him can be more serious than cheating or bigamy.

1 Like

CompelledToLearnLaw (Financial Examiner)     12 November 2014

Author, learned Sudhir Kumar ji is referring to rape charges.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 November 2014

I have two clear questions -

 

a) Why did you marry a person by knowing that he is a husband of another woman ?

 

b) So you have committed a crime by knowingly and now willing to commit another crime by filing another false case?

 

Learned Mr. Sudhir Kumar Sir, Please look into this.

Sudhir Kumar, Advocate (Advocate)     12 November 2014

Originally posted by : Rocky Smith

I have two clear questions -

 

a) Why did you marry a person by knowing that he is a husband of another woman ?

 

b) So you have committed a crime by knowingly and now willing to commit another crime by filing another false case?

 

Learned Mr. Sudhir Kumar Sir, Please look into this.

I will wait for the querist to react.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 November 2014

Madame Goyal:

Your ex-husband can be punished for bigamy. But that will not entitle you for alimony. You can claim you are cheated if the court can be made to accept that at the time of your marriage you did not know that he was already married. If so you can claim monetary compensation. But such compensation cannot have the name alimony or maintenance.

At the time of your marriage to him you knew that he was already married, but you thought that he had obtained divorce. But later you knew that he obtained divorce only after you married him. Hence your marriage to him is void. But this is purely a technical situation which you can correct by marrying him formally again. Now you do not want to marry him, why? Is it that rather than marrying him you want to take advantage of the situation to extract a good amount of money from him? If that is so, you marry him now, remain married for some months or years and then seek divorce. You can claim alimony, maintenance etc as a legal wife.


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