Re: bigamy done by wife

Bigamy is a criminal offence under Section 494 IPC. If the husband has strong proof (like RTI documents), withdrawing the case means giving up a serious charge against the wife. 498A cases are often used as leverage in matrimonial disputes. If the wife withdraws it, that is a relief for the husband and his family. Mutual Consent Divorce (MCD) requires agreement on terms. If the wife is unwilling to bear expenses, the husband can either: Agree to share or bear the costs himself, to close the matter quickly. Insist that she pays, but risk prolonging litigation if she refuses.

 Practical Considerations If the husband’s main goal is freedom from harassment and closure, then compromising on legal fees may be worth it. Court fees and lawyer charges for MCD are usually not very high compared to the stress of ongoing criminal cases. If the husband insists on the wife bearing costs, mediation may fail, and both cases (498A and bigamy) will continue, dragging on for years. The wife’s pregnancy complicates matters. Courts may lean towards protecting her interests, which could weaken the husband’s bargaining position if he appears rigid.

 Suggested Approach Negotiate clearly in mediation: Husband can propose splitting costs or ask the court to record that wife will withdraw 498A first, then he will withdraw bigamy after divorce is finalized. Prioritize withdrawal of 498A: Ensure that case is quashed or withdrawn before giving up the bigamy case. Document settlement terms: Any agreement should be recorded in writing and filed before the court to avoid future disputes. Think long-term: Spending some money now may save years of litigation and stress.

 In short: If the husband’s priority is peace and closure, he should not let legal fees become a stumbling block. He can negotiate for shared expenses or bear them himself, provided the wife first withdraws 498A formally. If he wants to pursue punishment for bigamy, then he should continue that case and not compromise.

Do NOT withdraw the bigamy case immediately.

Since you have proof of second marriage, your case is strong.

No legal obligation to bear her expenses.

Mutual Consent Divorce (MCD) is based on mutual terms. If she is not agreeing, you are not bound.

Settlement only on written terms.

If compromise is considered, ensure:

She withdraws the 498A case first (or quashing in High Court)

Then you withdraw bigamy case

Clear written settlement (including costs, alimony, etc.)

Bigamy is a serious offence.

Her second marriage during subsistence of first marriage strengthens your position.

Practical advice:

Continue with the bigamy case and contest 498A unless a fair settlement (including legal cost sharing) is reached.

Well analysed, oined and advised by experts, I concur.

It is a decision to be taken by analysing the practical situation and not by any advise.

You may better analsye the situation and proceed prudently.

Dear Sirs,

Suppose if wife is ready to withdraw 498a case in trial court then whether husband have to file a joint petition in the High Court for quashing?

Kindly advise??

"An FIR filed under Section 498A (cruelty to married women) is generally non-compoundable, meaning it cannot be withdrawn simply by the complainant in trial court. The case can only be quashed by the High Court. If the case is in the trial stage, a joint petition can be filed in the High Court for quashing."

There is no question / space for permutation and combination in law, you will have to proceed to get FIR quashed by High Court alongwith affidavit of complainant, as prescribed there in the procedure.

Prima facie it is a hypothetical post with fabricated facts.

Sir,

Thanks for your reply. This is not hypothetical post with fabricated facts. This is true facts which my client (husband) is dealing with this kind of situation. Thats the reason want to know that in such circumstances what should be his strategy. This case is in Mumbai, Mira Bhayander court wherein a wife who is from Nagpur (who has not hired any advocate) has done 2nd marriage is not ready to bear legal cost of advocates (she says she is poor and have no money) tells he 1st husband to bear all the legal expenses of Mutual consent Divorce even though 1st Husband has filed proof of her 2nd marriage in court which he got through RTI.

If the husband (your client) has filed a case u/s 494 IPC (for bigamy) and he has unfattered solid evidences available to prove bigamy, he can compel his wife to come to his terms.

You may advise him (your client) to continue proceeding in the bigamy case till she comes to his feet.