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Suneet Gupta (www.vashiadvocates.com)     24 July 2013

Prosecuting for bigamy

Can somebody please guide on how to prosecute a man for bigamy. Where can the case be filed and in which format.

The wife is fighting for maintenance under CrPC in the court of Addl CJM. She now has proof that her husband has married again. Can the case for prosecution be filed in the court of the Addl CJM or is the First Class Magistrate to be approached? The First Class Magistrate had passed an order for maintenance under CrPC, which was appealed by the husband before the Additional CJM, and is currently being contested.

Also, is there any special format for filing a complaint for bigamy? Any help will be appreciated



 8 Replies

Sudhir Kumar (Retd Govt Officer)     24 July 2013

the complaiont has to be filed in the court of EM

1 Like

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

S. 494 IPC case is triable by the court of JMFC.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

You can file a private complaint in the court of JMFC. The complaint should be drafted as per the facts and circumstances, there is no fixed format for the same and would depend upon its own facts. 

advocate praveen (prop.)     24 July 2013

Dear You can file a complaint as per Ms. Archana suggestion, but you have to sure that they should not be muslim.

regards

Tushar Jha (Advisor)     24 July 2013

Dear Advocates,

Can you throw some light on situation if the Marriage has been registered under Special Marriage Act,1954.

Can prosecution under IPC 494 be tenable for couples married as per Special Marriage Act,1954.

Sudhir Kumar (Retd Govt Officer)     25 July 2013

@ Tushar Jha

 

please post own thread after reading S/ 494.

Sudhir Kumar (Retd Govt Officer)     25 July 2013

@ Tushar Jha

 

s/494 is as under

 

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)].

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     01 August 2013

Brother Suneet, 

I agree with all. But think it over, Bygamy is very difficult to prove and have many complication in future to your client.  

ADULTRY  would be better TRY.

 

Good Luck.


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