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pujols20 (Techie)     20 August 2012

Mcd second motion due but wife marries another person

X( husband) and Y ( wife) filed for MCD on 10-Apr-2012. Second motion is exactly six month - 10-Oct -2012. Prior to filing MCD , Y had tortured X and his family members with "package" of cases. Other than MCD rest of the cases are withdrwan/closed now. X and Y are not living together for more than a year.

Y married Z ( another man) in May 2012 in temple along with their relatives. Z was being told divorce between X and Y is already over. Z realized the true "colors" of Y and decided not to continue their relationship. Y has taken all her belongings and seperated from Z for more than a week.

1. What criminal cases X can file on Y ?

2. Does Y and Z marriage fall under null and void?

3. If Z initiates divorce on Y under " null and void" and Y doesnt appear for the case,  What criminal cases Z can file on Y ?



Learning

 9 Replies

Saurabh..V (Law Consultant)     20 August 2012

@Pujols20

 

My observations are as below:

 

Q1. What criminal cases X can file on Y ?

 

A1. This is a clear case of Bigamy and Cheating. See the law as below:

 

The Hindu Marriage Act,1955

S17. Punishment of bigamy:-

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

 

Indian Penal Code (IPC)

S494. 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.

 

Indian Penal Code (IPC)

S495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprison­ment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

 

Q2. Does Y and Z marriage fall under null and void?

A2. Yes. Sections already described above. This is also null & void under HMA 1955 other's sections.

 

Q3. If Z initiates divorce on Y under " null and void" and Y doesnt appear for the case, What criminal cases Z can file on Y ?

A3. There is no need to file divorce under such circumstances wherein you intend to file case against your cheater wife. Your case in itself would be a proof for Z that he was fooled into a false marriage and such marriage is null & void. However it is advisable that Z files for a legal decree which pronounces their marriage as void. And if Y does not appear then court can issue Ex-Parte orders to save the interest of the aggrieved party i.e. Z.

 

//peace

/Saurabh..V

1 Like

Manoj Choudhary (Advocate)     20 August 2012

Agree with the suggestions of Ld. Friend..

Never Give Up (Fighter)     20 August 2012

Why to get in to all this mess...wait for sometime and get MCD 2nd motion done. Once you are done with that let Z file case of null and void marriage. I feel that should be deadliest weapon as then Y would be left alone to rot..

1 Like

rahul (director)     20 August 2012

I think MDC done between X and Y, then, there must be ths clause that no one will file any case against each other in future.

if you dont in hurry to get divorce and then you can hung Y in getting divorce, so, dont present yourself in court on 10th Oct on 13B(2)

Z has nothing to file to get divorce because Y is not her legal wife.

only  you can file a criminal case as she marry while she was your legal wife in May 2012

you can also file criminal case againt Z as he had s*x with your wife.

 

 

 

 

 

1 Like

pujols20 (Techie)     20 August 2012

Thanks all for their valuable feedback. Appreciate for quick response!

 

Rahul, I didnt get one point from you "if you dont in hurry to get divorce and then you can hung Y in getting divorce, so, dont present yourself in court on 10th Oct on 13B(2)" - are you saying not to appear on second motion date ? What would X be acheiving out of this ?

You are right there is clause in MOU - none of us will file any cases against each other.

 

I wanted to know further, after getting the MCD done on 10-Oct, can X still proceed with filing the cases suggested above on Z ?

rahul (director)     20 August 2012

just check whether she is desprate to get diovrce degree on 10th Oct 2012? If yes, then harrash her by going to court on 10th Oct 2012.

court can't give divorce to her without you. at the same time. you too wont get divorce?

I think because she did illegal  thing in between 13B(1) and (2)  

 you can file  494 againt her and adultery againt her void husband.

 but after all these/.. your 13B(2) will definatly delayed.

 

I think you hate Y and not Z.

 you are more intrested in doing cases against Y rather then Z.

so , i think this is right time to file criminal case against Y for marry in May 2012.

 

but note one thing.. police wobt book FIR directly, you have to file criminal case in court with strong/ real proof. then only court will take cognizence and summone your wife. then see tamasha.

 

 

 

 

rahul (director)     20 August 2012

going to     =    not going to court

Sudhir Kumar, Advocate (Advocate)     26 August 2012

Annoying her will result in closure of MCD and you wil be running legal battle to get regular divorce.  At this time she may also be in a mood to settle in life and never have much involvement with you. 

WBlower (None)     31 August 2012

I know of a very simliar case which is in progress... In this case second husband is filing charges on woman for cheating ( concealing fact she was already married, taking money, valuables, jewels etc from house and abscoding) ... Also has communicated with first husband who is also filing charges against woman and her Family for Bigamy and Adultery etc...   such fraud people should be brought to justice!!!


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