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Ravikant Soni (LAWYER IN JAIPUR)     20 June 2010

Is my client guilty of bigamy????

My problem is:

Rajendra is married with Anita. In the life time of Anita without decree of divorce Rajendra marriages with Soniya. Simple! But complexity is that Soniya also already married with Prakash and he is alive and no decree of divorce has been passed to dissolve the  marriage of Soniya and Prakash. 

Now Anita filled a criminal complaint against Rajendra, Soniya and kins of them under section 494, 109 IPC. 

Can it presumed that marriage of Rajendra and Soniya is bigamy, notwithstanding the fact that as mentioned in 494 of IPC the gist of bigamy is that the second marriage must be valid in the eye of law??



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 3 Replies

mahendrakumar (marketing)     20 June 2010

whatever may be the circumstances,before a marriage is legally divorced,marrying again is a case of bigamy only.

legally the question of bigamy arises when,either of them or a third party complaints regarding the same.

if there is no complaints from the effected party,no problem.

But,you being an advocate brought this topic because of some complaint.


as such,the case will be definetely dealt as a bigamy.

 

Ravikant Soni (LAWYER IN JAIPUR)     20 June 2010

But in ingredients of 494 IPC the second marriage must be valid. some apex court rulings also define such.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 June 2010

Law does not allow to live.

For such problems you have to find solutions outside the provisions other  than law.

Rajendra and soniya can always claim that they are not husband wife but employer and servant and stick to it.


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