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BG (Propriter)     09 November 2009

Please Help......

Dear All....

My Cousin sister , who is 24 years old is married to a man in Vizag near Hydrabad since 2006 sept. This year sept by some way he came out with some truth about himself, that he was already married and has 7year old child who lives in Hyd. After knowing the truth she has left her huose in Vizag and has moved in her mothers house in Kolkata with her one year old daughter. It seems that his mother and sister(who lives in USA knew about his first marriage but kept my sister in dark). That man had the courage to have a register marriage with my sister. After marriage he has shown his colour, he useto regularly drink and beat my sister. Pls advice how to proceed further from her so that we can see that man behind the bars.



Learning

 14 Replies

Meenakshi (Lawyer)     09 November 2009

 file a case in the court....For cheating and Bigamy...If he has married the first woman as in legally registered and all then the second marriage automatically dissolves...but I suggest you lodge a F.I.R against the man for cruelty and bigamy and get your sister away from it....

Amrish (Propritor)     09 November 2009

Need proper gidance in Check bounce 138 case to get more days for paying the ammount. money was taken by third person on my behalf and given an check signed by me of my savings account. amount is 1,40,000/-.The person has sent me notice of 15 days for repayment but need 90 day to return the amount. please please help.In a very disturbed state of mind. Please help.

Sanjeev Kuchhal (Publishers)     09 November 2009

Meenakhiji's advise is perfect in this case.

Anish goyal (Advocate)     09 November 2009

Minakshi's advice is perfect. Between amrish ji just ask the holder of cheque to come into a settlement.

BG (Propriter)     09 November 2009

Thanks for the reply. My cousin is the second wife here. Without knowing about his past she married him. There is almost 10 years diff. between them. Moreover she has not completed her education. She was just 21years old when she got married. He is a spoilt brat, does nothing. Get money from his parents. Where should my sister register her case so that the procedures will not take much time. Coz now she has to look for a job to sustain her and her child's livelyhood. Do you have any women cells number or address in Kolkata, who can help my sister.


(Guest)

First collect all supportive evidences from first wife. File a criminal complaint with police for cheating, cruel, mental harrassment and threatning life. File a criminal case for Bigamy.

 

Meenakshi ji has given perfect suggestion.

Sanjeev Kuchhal (Publishers)     09 November 2009

I have a small doubt here that whether complaint of bigamy filed by second wife would be maintainable?

As per my knowledge second wife is not the aggrieved party and it is only the first wife who is aggrieved party and only she is competent to file a complaint u/s 494 IPC.

Sanjeev Kuchhal (Publishers)     09 November 2009

Another query in case would be that whether complaint u/s 376 of IPC for rape can be filed because the consent was obtained by playing fraud/ deception without which the she would not have consented.

Khaleel Ahmed (Legal Advisor)     10 November 2009

A cheating case may be filed in this regard. Section 376 may not apply in this situation.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     10 November 2009

File a case under secton 13 (2) alongwith 376 of IPC. He will be behind the bars.

 Regards

adv.kamal.grover@gmail.com

 

Sanjeev Kuchhal (Publishers)     11 November 2009

Kamal Sir, what's your view on maintainability of case on bigamy.

Meenakshi (Lawyer)     11 November 2009

 One who comits Bigamy is not entitled for Maintenance

Sanjeev Kuchhal (Publishers)     11 November 2009

Meenakshi ji, point is not that. It is a settled law that second wife/ mistress is not enetitled to maintenance.

Here the questions is whether second wife can file the criminal complaint for offence of bigamy.


(Guest)

She can file for cheating for keeping her abeyance from the first marriage. She is not entitiled for maintainance but illgetimate children entiteled for maintainance. 


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