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Second marriage possible without divorce/annulment

Page no : 3

Adv.Aiyer VLV (Proprietor)     01 April 2010

sir i do not understand, why if she is in India she can not have intercourse with others, but possible abroad - any way even if she has adulterous extra marital affairs here or abroad it is an offence under IPC.

conjugate is not equatable to intercourse. conjugal right includes all rights because of marriage - like getting custom based family recognition in pujas etc. 

Chand (Executive)     01 April 2010

Thanks for all the support and guidance solicited to me here. All the information provided here gave me the basic legal knowledge of the condition am into and will face.

I will hire a lawyer and take extra measure to ensure that matters solve as swiftly as possible for both of us.


Am closing this loop here only.

Cheers

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 April 2010

First of all Mr. Shah I want to request u to come after full knowledge here as suggestions with lack knowledge would be harmfull to the query makers as well ur futur also.

Now Mr. Chand,

U have a option to file a case of bigamy if u have full proofs against ur wife of second marriage.

Rajadiraja (Advocate/consultant )     02 April 2010

Mr Chand,  though you rightly said these kind of girls always keep looking for greener pastures and ditch their husband.  Dont forget that she may also ditch her present husband and try to harass you aswell with all the draconian laws now available in India for women.  And  even the laws and court is in their favour. If a woman commits Bigamy, it has to be forgotten, but  if it is from men, it is a crime and he should face the consequences.  Why men do not have the  same pain and pinch is it ?  Go ahead and proceed legally against her with all the proof.  Such wome shall not escape crime.  Otherwise, you have to live in fear all the time and before ruining others lives, she will ruin yours.  It is not a waste of time.  

Gundlapallis (Advocate)     03 April 2010

Dear ChandL

 

Yesterday Supreme court has delivered this judgement - This could be useful for your case too.  If woman need not prove... the man too need not prove can be comfortably inferred until and unless explained otherwise.  That means you need not know exactly whether she got married secretly by her family or not - on your complaint the police will investigate and find out the truth.

See the news report:

New Delhi, April 2: The Supreme Court verdict on bigamy in which it said a wife need not furnish proof of the husband’s second marriage was based on a special leave petition of one Ms K. Neelavani from Tamil Nadu, who had lodged an FIR against her husband Mr S.K. Siva Kumar.

She had alleged that her husband had entered into a secret second marriage with another woman. Mr Kumar challenged the filing of the chargesheet against him in the Madras HC claiming that he had not entered into any liaison with Bharathi and there was “no proof” of their marriage. However, the SC set aside the order for quashing the charges against Mr Kumar.

  Nnow


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