Wife done second marriage

LEGAL

During the pendent of 498a case wife has done second marriage without divorce. What effect does it have on 498a case filed by wife on husband?? Husband has only one evidence, he got photo of wife and her husband from facebook.
 
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Hello Sir,

Nothing, as such will effect the pending criminal case of section 498a of Indian Penal Code, filled against you as change in status of marriage does not undo the crime committed by you. However, if the first marriage is still subsisting, the husband may initiate a case of bigamy under section 494 of Indian Penal code, with relevant proof of second marriage.  

Section 494 of Indian Penal Code states that

Whoever, having a husband or wife living, marries 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.

Exception to this section states that this section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Hope this helps

Regards 

Krish Mahajan

 

 
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LEGAL

As per provision of the law after marriage she will not attend court would the husband get discharge from the case. Or should the husband ask court as and when start to issue summon for trial or ask prosecution for to produce complainant?
 
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Sam, you can file a case against your wife for bigamy under Section 494 IPC and also seek quashing of proceedings under Section 498A.
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : SAM
During the pendent of 498a case wife has done second marriage without divorce.
What effect does it have on 498a case filed by wife on husband??
Husband has only one evidence, he got photo of wife and her husband from facebook.

 

1. "IF" you can get the Marriage certificate /proof & address of your Wife & her latest Husband, THEN:
a) You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Abetment, Conspiracy, Bigamy, Mischief etc.... against Wife & latest husband, supported with all relevant supporting Documents, Evidences & Witnesses.
b) IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  

2. Use the above to file Quashing Proceedings u/s 482 in the High Court in your matter of the 498A case.  You will surely get success and the nefarious Wife & Husband will be jailed.

3. IF you wish to wait for Trial proceedings in matter of 498A case, THEN use the above to prove that Wife & her Lover, planned & conspired with each other to get you out of their lives and hence they filed false case on you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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LEGAL

Thank you all for your response and guidance
 
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Dy Director

In this criminalo case she is a complainant only and not bound to attend each and every date.  She has to come only when her evidence is recorded.

 

If she hasdone a crime of bigamous marriage she is liable to be punished but by no streatch of imagination earlier criminal case filed by her does not abate due to her crime nor it is dissolved by divorce (though bigamy is a ground for divorce).


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LEGAL

Thank you all for your response sir. Just came to know that she got married secretly with some unknown guy at her home with close relatives members in small family function. The husband don't have photos of marriage ceremony. He only has facebook photo in which her second husband has kept his hand on her shoulder in that pose.
 
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Sir,

     Mere face book photo evidence may not be sufficient ground for the case on hand, Kindly garner the entire informations about the second marriage and thereafter with available evidences on hand approach an Advocate discuss with him and take his opinion/advice and thereafter legal proceedings may be initiated against your 1st wife. Without any prime facie evidences in our view any legal proceedings if initated will be defeated or vitiated as the case may be.

 
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