I have a complicated issue to be resolved.
My client is a lawyer who got married a lady S in the year 1999. My client's 1st marriage not dissolved by a court decree, but parted by a divorce deed within 15 days of marriage. At the time my client's second marriage with S, it was represented that she was a legally divorcee. But no documents were given for perusal. Believing the words, my client got married her and lived with her happily for 10 years and gave birth a child also.
Now with intention to grab a huge sum (1 c) she voluntarily created so many happening in the home to exhibit cruelty and ran away and filed divorce petition. In which she admitted that her first marriage is parted only by an undertaking not to disturb (ie. a deed) (not court decree). Further she admitted about the fact that she knew that her husband's first marriage not dissolved by court decree as it was represented even before marriage.
Here my client husband lived with her as she is a legally divorcee. But on knowing the averments of the family court petition that her 1st marriage not dissolved by court decree, he moved before High Court and filed C.R.P. to strike off the petition on the file of family court and obtained stay.
Now she has filed a counter stating that she gave her documents ie. divorce deed for perusal to my client and as a practising advocate he advised that she has became a single women and further he produced his divorce deed document whereby he said that he became a single man, therefore both are competent to marry each other and married her. Moreover she now says Section 495 squerely attracts to my client.
Here my client husband fears about 495. My question is whether the undivorced wife of erstwhile husband can be the aggrieved person to lodge a complalint against my client under section 495?
- My client never concealed about his first marriage or its parting by divorce deed to his second wife S. She also admitts that she knew these facts even prior to marriage.
- My client's first marriage was parted due to the said marriage was solemnised within same gotra which is prohibited in my client's community.
- She in her counter in CRP says that her 1st marriage was performed out of her consent and no ceremonies were performed. But in her divorce deed, it is clearly stated that her marriage with her 1st husband was performed under Hindu Marriage Act.
- Here it is pertinent to point out that she has not disclosed about her 1st marriage in the complaint presented to Commissioner of Police. Further she has not said all these story in her family court petition. Now coming with these new facts in CRP just as to give a logical reply.
The simple question is whether she has locus standi to lodge a complaint under section 495 of IPC while her first marriage is still subsisting and not disolved by a decree of divorce?
I request the Forum to kindly enlighten on this issue.
Thanking you.
PRJ
