LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

brijeshkumar   19 May 2015

Void marriage help from experts

I work in Dubai and while my first divorce process was still going on in court i went for vacation to India and during this time i did a ceremonial Hindu temple marriage due to pressure from my relatives and friends.I was told by everyone that after i receive the divorce decree i can get my Hindu marriage registered.

 

Now its been long i got my divorce decree from first wife and still my second marriage is not yet registered and my second wife and family asking my ancestoral home in their name and send my parents to old age home or they threatening  that they will file bigamy and cheating case on me even they knew about my past but now they behaving ignorant and being cheated.

I consulted several lawyers but got 2 different opinions.

 

First Opinion is that bigamy is applicable only if when the case is filed i should be still married to 2 wives which i am not as i already got divorced from first so this is not applicable whereas second opinion is  i married during existance of previous marriage and second marriage is void and Bigamy always remain.

 

Waiting for expert opinion on this situation.

 



Learning

 12 Replies

Shantanu Wavhal (Worker)     20 May 2015

you have committed bigamy.

 

now are you looking for duping one more girl ??

bsrao   20 May 2015

Your first wife had a bigamy case against you when you married the second as you both were not divorced then. Still the marriage is void under IPC 494. According to Hindu Law, the marriage during living spouse is void, and gives no status to the second wife. Her death does not change anything unless you remarried her. Only children from her will enjoy rights.

 

Your second wife can only level a case of cheating saying you married her suppressing the fact that you were married earlier (IPC 415). If she had the knowledge of your first marriage then, now she cannot file bigamy against you. Bigamy is compoundable, meaning, when you settle with them, they can withdraw.

 

You need an expert lawyer to defend you. 

Shantanu Wavhal (Worker)     20 May 2015

both the wives can file 494 (A. Subash babu vs state of AP - SC)

 

following cases can be filed by both the wives, irrespective of maintainability :

crpc 125

hma 24, 25

hama 18

dv

498a

 

now have fun  having 2 wives.

brijeshkumar   20 May 2015

@Amit

It seems you jump into conclusion without reading my query.Its the wife and her family who cheated me and doing all this for money and knowing everything now playing games with me.

 

Also i never mentioned that i have 2 wives as my first marriage is already over and she is now married and settled with another man so she is not going to file any case.

My question is simple as i am now divorced from first wife so is it possible for my void wife to file IPC 494 or not.

brijeshkumar   20 May 2015

@Amit

Please read the case of A. Subash babu vs state of AP - SC below point in which its very clear the man is married to 2 wives at same time but in my case i already got divorce from first wife.

"According to her, the petitioner who is Sub-Inspector of Police, cheated her and her parents by stating that his first wife had died after delivering two children who are studying and staying in a hostel, even though his first wife by name Sharda is very much alive and living with him at Reportable Avanthinagar near Erragadda and thus by making false and fraudulent representation, the appellant married with her at Yadagirigutta on 09.10.1994."

Shantanu Wavhal (Worker)     20 May 2015

My question is simple as i am now divorced from first wife so is it possible for my void wife to file IPC 494 or not.

 

 

Y E S

ASHOK (trainer)     23 May 2015

Mr. Amit is very much right on this issue. Amit is an expert  and his knowledge  excels even those who are authorities in  law. So  pay heed to him what he says....

Shantanu Wavhal (Worker)     23 May 2015

@ ASHOK,

GHANTA expert

my tail is burning since may 2011.

i m a victim of bigamy

still WAS being treated as a criminal till i won TRIAL & 1st Appeal.

 

now i m having fun.

MY DEAREST is being prosecuted by ME u/s IPC 494

 

Shantanu Wavhal (Worker)     23 May 2015

@ the author, 

for ur kind information, 

i have filed a case of bigamy against the woman with whom, my marriage is declared void.

court has taken cognizance and issued process. she is on bail.

A Subash babu case is in fact favouring ur VOID wife.

Shantanu Wavhal (Worker)     23 May 2015

brijeshkumar

phone me and i will explain.

Shantanu Wavhal (Worker)     25 May 2015

Supreme Court of India
Kannan vs Selvamuthukani on 30 January, 2012
Bench: Aftab Alam, Ranjana Prakash Desai

 

So far as A1 i.e. husband of the complainant is
concerned, he has undergone the sentence awarded to him.

 

9. The prosecution has clearly established that A1 was married to the complainant on 16.6.1980. It is
also a fact that A1 obtained a decree of divorce on 20.2.1991 which was set aside on 10.2.1992 in the
appeal carried by the complainant against the said decree of divorce. Evidence of the complainant
establishes beyond doubt that A1 married A4 on 8.3.1992.

Arnab Banerji (Mob:- 92-3001-3001 CIVIL & CRIMINAL ADVOCATE civilandcriminaladvocate@gmail.com)     16 July 2015

Marrying someone in a temple does mean that you have completed your marriage procedure by law. Now that you have a decree of divorce over your first marriage you can register the second marriage at ease and complete the second would be wife's marriage procedure. But if you feel they are threatning you for bigamy then for sure you may file a FIR against them. If you feel you have cheated them as they say, then they have also willingly allowed you to get them cheated. Hence the question of cheat does not occur. They are I presume getting afraid because of what they have forcefully led you into will lead them automatically to a cheating case. There is no question of Bigamy on your part. Don't be afraid. But my sugesstion to you is please marry the girl by law to whom you have ritually wed. That means complete the marriage registration and you marriage will be done properly. Do not forget to get your divorce decree copyinto the documents of this marriage registration. You will be free from any Bigamy fear. Good luck.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query