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shyam lal   19 June 2022

Second marriage

A indian Christian senior citizen marries a Hindu spinster via Muslim kazi without divorcing his first wife.
Query..what legal action can the society /third party take for this anti social act....the first wife is terrified to take action against the husband..


Learning

 13 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 June 2022

His first wife can file a case under bigamy against her husband.

shyam lal   19 June 2022

Sir the query is ..can any one else besides the wife file a complaint?please suggest a legal remedy.

Advocate Bhartesh goyal (advocate)     19 June 2022

No,only aggrieved person can take legal action for offence of sec 494 IPC.Society or third person can not initiatr any action.

 

 

 

Dr J C Vashista (Advocate)     20 June 2022

Andhra Pardesh High Court in the case titled "B Parvathi Vs State of Andhra on 07th May 2020 has held, inter alia, that,

"As can be seen from Section 198 Cr.P.C., it mandates that no Court shall take cognizance of an offence punishable under Chapter-XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence. As per its proviso, if the said aggrieved person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf; and where the person aggrieved by an offence punishable under Sections 494 and 495 IPC is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother' s brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Therefore, it is clear from Section 198 Cr.P.C. that a bar is imposed on the Court to take cognizance of an offence punishable under Section 494 IPC. It can take cognizance of the case only on a complaint made by aggrieved party or any of her relatives mentioned in clause (c) of the proviso, or by any other person with the leave of the Court. It does not contemplate taking cognizance of the case on a police report/charge-sheet filed by the Police under Section 173(2) Cr.P.C."

1 Like

shyam lal   20 June 2022

It goes to suggest that only blood relations are entitled to complain in case of second marriage

Query what happens to other crimes where people are witness and have evidence..do they have to be blood related ?to file a complaint..

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     20 June 2022

Only his Wife has a cause of action against her Husband who married again without taking divorce fromher.

Dr J C Vashista (Advocate)     20 June 2022

Originally posted by : SIVARAMAPRASAD KAPPAGANTU

Only his Wife has a cause of action against her Husband who married again without taking divorce fromher.

Can you please substantiate your version with provision of law and citation(s), if it is not your guess-work.

G.L.N. Prasad (Retired employee.)     20 June 2022

The victim can file a Police complaint through Womens' Voluntary organisation or through Legal Services Authority and it is the duty of the Police to inquire into the complaint.  The victim can expect help and guidance for all sources.

shyam lal   20 June 2022

The actual query is not about what action can the wife take..query is can third party /society take legal action for this illegal moral act.or since the SC has legalized prostitution .there by having more than one wife or womanising does not amount to a social evil.

 

 

Pradipta Nath (Advocate)     20 June 2022

You can file case under section 39 of cr.pc. But better to seek professional advice.

Dr J C Vashista (Advocate)     21 June 2022

I agree with expert Mr. Pradipta Nath, provisions of section 39 Cr PC may be invoked by anyone, which reads as:.

39. Public to give information of certain offences.

(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the sections of the Indian Penal Code, (45 of 1860 ), as mentioned therein.

Tousif Shaikh   22 June 2022

The case in itself is Fraud. 

There is Special Marriage Act for those who doesn't belong to same religion.

A Christian can marry a Hindu, but in Court via Special Marriage Act and not by a Kazi who holds the position as Registrar of Marriage for only Muslims.

1st Wife can file a suit to nullify 2nd marriage in nearest court where she resides.

There marriage would be valid if Both have accepted Islam otherwise it is wholely illegal and any relationship made is illegitimate.

The Kazi also must be sued for carrying out fraud marriage knowingly it is illegal.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 June 2022

The sum and substance of all the replies is that only the aggrieved wife can complain. So many film stars are merrily marrying again and even stand for elections and win.


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