Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wife did 2nd marriage without divorce and have mariage certi

Page no : 2

T. Kalaiselvan, Advocate (Advocate)     26 December 2019

Bigamy is where a person who is already married, marries another person. It is a criminal offence which can potentially be punished by up to seven years in prison.

The marriage solemnised without dissolving the subsisting marriage shall be considered as an offence under section 494 IPC as an act of bigamy.

Bigamy is a NON-cognizable offense. It is bailable and compoundable with the permission of court if the offense is committed under section 494 of the IPC. Punishment is imprisonment, which may extend till 7 years or fine or both.

Dr J C Vashista (Advocate)     27 December 2019

What are the evidences to prove that wife has solemanised second marriage during subsistance of her marriage ?

test123   27 December 2019

Dr jc vashista, Not sure where did you steal lawyers degree from... ... Get a basic knowledge....
1 Like

TGK REDDI   27 December 2019

The Questioner said she'd married.    Why should we inquire about proofs?     Our Replies should be based on his statement.

Surya kkkkk (software engineer)     27 December 2019

Sir,got marriage licence certificate from USA government

What  cases I can file on her 2nd husband

ganesh rao (x)     28 December 2019

1) was the certificate obtained from USA Govt. got apostilled there?  Without apostilling, it is not valid to be produced in another country.  

2) they appear to have married in USA and might be living there only.  Though theoritically a complaint can be filed u/s. 494IPC, in India there is no use in doing so as they are living in USA.  Even if they are in India, only if you can shell down vitamin 'M' to police does your complaint move forward. And when the matter reaches the court, it takes infinite number of years in Indian courts unless you are a TATA, Birla etc.

I have seen a case where the first husband took the police to the wife's house where she was living with another person, had a child through the second person, the husband produced all medical records of the child birth, proof of payment made to hospital for the delivery by second person by his credit card.  Police filed charge sheet into court.  It is three years and still the case is at a standstill position.  The first person filed the case details in the Family Court and sought divorce.  Family court said "wait for the outcome of the charge sheet against her"!

3) best course suggested is to apply for divorce u/s. 13(1)(ib) of Hindu Marriage Act, 1955 attaching the apostilled marriage certificate.  This divorce case also takes a long time unless u are able to manage.

test123   28 December 2019

Mr Rao.. please advise correctly... As long as document is authentic Court can invalid that document....sinces it's India....too much struggle but no results.... Last option he should try 1st.... Go to media just like Chand deep Kaur....

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register