Saptarshi Paul (Advocate) 15 January 2012

Void marriage/ bigamy

Mr X was married to Mrs Y , Later on Mr X come to know that Mrs X was previously married and not divorced and she marry Mr X only to conceive child as it was not possible for her First husband. After conceiving child she left Mr X and started to living with first husband and do not allow Mr X to meet his daughter.

Mr X started the restitution case on May’2010. On Dec’2010 court has declare the EX party. But due non submission of only original marriage certificate it take too long time to pass an order on 24^th Oct2011 in favour of MR X.

No Mr X want only his child(daughter) and want to punish that Women (Mrs X).

So guide me what step should I take to help Mr X. I hope filing restitution case is useless and big mistake was done by previous advocate of Mr X as the marriage was already VOID as Mrs X already married the same fact is stated in Petition of Restitution.

I want to take criminal action & Is there any other mode to free Mr X. so that Mr X can marry again.

Regards

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9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 January 2012

Dear Paul

Mr. X is already free for marry again because his marriage is void ab initio as you know very well in this regards.

you can file a case against her u/s 494 IPC for marrying again during the life time of a husband with section 417 IPC for Cheating & 496 IPC

Feel Free to call

Saptarshi Paul (Advocate) 15 January 2012

thanks for your reply but what about child custody?

regards

Shantanu Wavhal (Worker) 15 January 2012

Nadeem Sir has rightly advised. Further,

both the ceremonial marriages are to be proven for IPC 494 + sec. 17 HMA.

Krish Narayan (Advocate) 16 January 2012

Ceremonies of both the marriages should be proved to invoke criminal jurisdiction.

Sapthapathi, Homa are two essential ceremonies.

Ask for damages along with the custody of daughter.

I agree with the view by Mr. Shantanu.

Krish Narayan (Advocate) 16 January 2012

Ask Mr. X to file suit for setting aside the decree for RCR and file suit for declaration of marriage as void abinitio. If Mr. X want to marry again legally, please remember that it is essential to get his (Mr. X) earlier marriage as void by the court of competent jurisdiction, under the circumstances you mentioned. If Mr. X conceal this fact to his subsequent spouse contracting for second marriage, it would attract S.495 of IPC.