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Vikram   27 October 2021

Suggestion on diverce with my divercy wife

My name is Mahendra, I am married with divorcey women 5 months ago. when i enquired her related her old marriege and divorce she told to me that she take all legal s against her 1st husband and take divorce from him on the basic of consets. but now her ex-husband contact me and said all the matter and he clearly said that he didn't get any notices or intimation from court and he also don't know about the divorce. now i also don,t want to continue this relationship with her but i dint have any knowledge about this and i want suggestion what should i do for take divorce from her.

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 October 2021

The punishment for bigamy is imprisonment, of maximum 7 years or fine or in some cases, both. In case the person charged of bigamy has performed the second marriage by concealing the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.

Kevin Moses Paul   27 October 2021

As per your concerned query let me inform you that the Indian Penal Code (also known as IPC), 1860 declares the act of 'Bigamy' as a punishable offense. The term 'Bigamy' has been defined generally, as an act of marrying one person while legally married to another and as a second marriage by a person during the lifetime of the partner and during the subsistence of the first marriage.
Moreover, bigamy is not only just a ground for divorce but is also an offense which naturally makes the marriage void, hence making it unnecessary for parties to file for a divorce.

There are a few essential ingredients for the offense of bigamy to subsist in the first place.

1. The first element is that the spouses must have entered into a valid marriage before the accused entered into the apparent bigamous marriage. The indictment shall not prevail if the first marriage that the parties entered into, was a void marriage in the first place. In such cases, the second marriage shall prevail.

2. The second element is - the husband or the wife must have married again. The second marriage is the primary essential element. It is this condition, that constitutes the offense in the first place. If the indictment of bigamy is to seek for, then it is essential for the nature of the second marriage to be such that, in case the first marriage had not existed, the second marriage should prevail. In other words, the marriage must be valid according to the personal laws of the communities.

“Bigamy" is dealt under section 494 of the IPC, 1860. The section states that —
“Whoever, having a husband or wife living, marries again 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”.

On the top of that it has been made outlawed as it is a non-cognizable as well as a bailable crime in India. Moreover, the Indian Penal Code also recognises also the fact that it is also a fraud on the part of the second wife/husband concerned to conceal the fact regarding the former marriage and doing such has been made punishable under section 495 of the IPC as such person committing such act shall be punishable with the imprisonment of either descripttion for a term which may extend to maximum ten years and shall also be liable to fine.

Henceforth, as per the situation you're currently dealing with you may lodge/register a complaint against your spouse (wife) u/s 494 of the Code in a police station that has competent jurisdiction over the matter.
Also following the latter you may also get indulged with a local prudent lawyer and should also get in touch with the ex-husband (with lawyers advice) in order to prove the offence of the accused (i.e. your wife in the case).

Hope you get justice!

Kevin M. Paul

Pradipta Nath (Advocate)     27 October 2021

Ask your wife to show the final decree on her divorce. If she able to show you, put all the words of her ex-husband into the ganges river and lead your married life happily. 

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