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second marriage without divorce

Page no : 2

pradeep gupta (lawar)     07 February 2010

what punishmint in  under Sec.494, 495 IPC.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

IPC Sec 494. Marrying again during lifetime of husband or wife. 494. 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. 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. 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

IPC Sec 495. 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. 496. Marriage ceremony fraudulently gone through without lawful marriage.

Jayesh Kumar (AA)     13 May 2011

Originally posted by :Member (Account Deleted)
" Disolving first marriage second marriage is void and punishable under Sec.494, 495 IPC. "

 

A married man left his legally married wife and started living with another woman. Over the number of years they got children also.

The question I post for all the legal brains and experts are can the SC's observation and judgements holding that long term live in relationship akin to marraige and marraige if nothing against to prove it exists can be used as the prosecuting and proving factor for a case of IPC 494 if the husband and the lady are proved to be in long term relationship akin to marraige living with all factors pointing towards marraige between the parties??

The legally married wife traced her husband and the proofs obtained were--

1.) Admission form of the child of the parties with the name of father as her husband, name of mother: the second lady and the occupation of the mother(2nd lady) of the child as "Housewife"

2.) A 161 CrPC chargesheet against the relative of the wife who had gone to check, who was booked on a criminal case of beating the husband, obviously to tharft of efforts of exposure. The witnesess in the chargesheet though have claimed that the relative had done "mar-peet" with the husband they have also stated that the husband lived along with the 2nd lady as a family and they have children.

What is your respected opinion on this matter? Many ladies like this suffer. They deserve justice.

Regards,

 

Jayesh Kumar

Ravikant Soni (LAWYER IN JAIPUR)     13 May 2011

No divorce without court decree...

Jayesh Kumar (AA)     14 May 2011

Resp Sir,

Please read my question carefully and then answer properly.

My question relates to prosecuting the man for commiting bigamy. In the limelight of the 2 evidances in hand of which one of them 161 crpc statement which does not hold much of value, how much is the offense of marrying with the 2nd lady proved?? My logic coupled with the SC observation about giving live in relationship akin to marraige status would the same proportion of law be accepted when using their long term live in relationship akin to marraige to be deemed so to prosecute him u/s 494 IPC.

Thansks and Regards,


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