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Tina   09 September 2017

Without divorce sopuse got married out of india

without divorce spouse got married out of india. how to file case in police or court. under which section ?


 4 Replies

Raveena Kataria (Advocate )     14 September 2017

Hi, so long as the marriage in question was legally valid, either spouse cannot remarry during the subsistence of such a marriage without first putting an end to it by means of divorce/annulment. Doing otherwise will make them liable u/s 494 of the Indian Penal Code. 

Section 494: Marrying again during lifetime of husband or wife: 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.

Also, please refer to section 3 and 4 of the Indian Penal Code:

Section 3: Punishment of offences committed beyond, but which by law may be tried within, India.—Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

Section 4: Extension of Code to extra-territorial offences. —The provi­sions of this Code apply also to any offence committed by —
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wher­ever it may be;
(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.

This means that even if the said person is residing abroad (and committed the crime abraod) doesn't save him or her from being liable under the aforesaid legal provsions. The case can be first filed locally u/s 494 of the IPC. Good luck!

Tina   14 September 2017

Hi. Thanks for information. But my marriage is not legal and I have two kids. 20 years we were together. Can I take legal action about second marriage.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 September 2017

No. The person who married abroad is not your spouse. But your children have rights over the father.

Tina   16 September 2017

My marriage is in cousin relationship which is not valid. But have registered certificate of marriage. And he filed for divorce. Now he came to know that I will file bigmay that's why now giving application that this marriage is not valid after 5 yrs of court case.

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