bigamy
Querist :
Anonymous
(Querist) 23 October 2009
This query is : Resolved
hi sir,
i'm male and already got married and its a love marriage.i have photographs and negatives with me after two months of marriage she desserted me and remarried again with another by concealing the former marriage and i got an injunction from the court from restraining my wife to remarry any other,before 2nd marriage inspite of injunction orders she married him and on a fine day he came to know the fact that she already got married and he filed a case under sections 420,120b,494 and null and void of his marriage and she was filing false cases on me recently a case was registered under sections 506,509 how far these sections show impact on me and i got a stay from high court.what will be the consequenses please kindly sugget me all the cases were pending.
Thanks in advance for your valuable suggestions.
Kumar Krishan Agarwal Advocate
(Expert) 23 October 2009
Problem is tensed.
but from my mind in this difficult circumstances
1. You hands are clean because you have approached the court first. So not worry.
2. Cases must impact on the daily living life of yours but for a shrewd man you have to leave the bad woman as soon as and try to get divorce from the woman by filing a divorce petition if one year of marriage was passed.
3. Tell the court that she filed a cross complaint FIR against me (which has to be quashed under S.482 Cr.P.C in High Court )
Remember Always point out first in each court the bad character of the woman so that the court will mercy onto you and pass any order against your wife.
adv. rajeev ( rajoo )
(Expert) 23 October 2009
506 and 509 is not applicable to your case. One is criminal intimidation and another one is word, gesture or act intended to insult the modesty of a woman.
Your wife has made blunder mistake by marrying another person eventhough she is married.
You are the first person to file the case it affects the case of your wife, her act of filing case against you shows that to take the revenge on you she has filed case.
It is a cross complaint.
you have to show the act of remarrying another person without giving divorce to you. Still your marrige is valid. and the case filed by the second husband. yOu are in safer side, dont worry.
And follw the advise given by Kumar.
Adv Archana Deshmukh
(Expert) 23 October 2009
No need to worry. You have the injunction order of the court, the 2nd husband have filed cases against your wife. This evid. is good to show your wife's conduct, and that the cases filed against you are malacious and filed just to harrass you.
Raj Kumar Makkad
(Expert) 23 October 2009
I fully agree with Rajeev on this matter.
A.P.Manoranjan
(Expert) 23 October 2009
As Mr.Kumar suggested, you need not worry.Try to project the bad character of the woman in all the prodeedings.
Sachin Bhatia
(Expert) 23 October 2009
You are safe, you need not to worry, you have to show the court that your wife remarrying another person without giving divorce to you.
Guest
(Expert) 23 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE REMARRIAGE AND LAWPROVISIONS KINDLY NOTE THAT.
1.YOUR WIFE REMARRIED WITHOUT OBTAINING DIVORCE.HENCE YOU GOT INJUNCTION ORDER FROM COURT.STILL SHE REMARRIED HENCE IT IS A CONTEMPT OF COURT ORDER.
A .YOU MAY FILE CONTEMPT OF COURT PETITION IN COURT EITHER CIVIL SIDE OR CRIMINAL SIDE.
B YOU MAY FILE CRIMINAL COMPLAINT AT POLICE STATION OR DIRECTLY IN COURT AGAINST SAID PERSON WHO HAS INDUCED YOUR WIFE AND MARRIED AGAIN WITH YOUR WIFE.IT IS A SERIOUS OFFENCE UNDER PROVISIONS OF I.P.C. AND THAT MAN CAN BE ARRESTED AND PUNISHED.
C.YOUR WIFE WILL ALSO BE LIABLE FOR PUNISHMENT AS SHE MADE CONTEMPT OF COURT ORDER AND ALSO SHE CAN BE ARRESTED UNDER PROVISIONS OF INDIAN PENAL CODE FOR MARRYING AGAIN WHEN FIRST HUSBAND IS ALIVE.
D.YOU MAY FILE A DIVORCE PETITION AND CAN GET DIVORCE EASILY ON THE SAID GROUNDS.
E.HIGH COURT HAS ALREADY STAYED THE MATTER HENCE KINDLY FOLLOW THE DIRECTIONS OF HIGH COURT ORDER.
F.IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS AND RELIGION FOLLOWED BY HUSBAND AND WIFE AND SECOND HUSBAND.
G.YOU HAVE TO KEEP READY SURETY DOCUMENTS INCLUDING RATION CARD ,PHOTO, LAND OR HOUSE PROPERTY OWNERSHIP CERTIFIED COPY .AS THERE ARE CHANCES OF ARREST UNDER FALSE COMPLAINT UNDER SECTION 504, 506 OF IPC.FILED BY YOUR WIFE, YOU MAY GET BAIL FROM THE COURT BY SUBMITING THESE DOCUMENTS.
H. YOU MAY FILE A WRIT PETITION UNDER SECTION 482 OF CRPC AT HIGH COURT FOR QUASHING THE FALSE COMPLAINT FILED BY YOUR WIFE UNDER SECTION 504, 506 AND OTHER SECTIONS OF IPC.
YOU MAY SEND DETAILS FOR FURTHER HELP OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCAT.
tarun goyal
(Expert) 23 October 2009
dear sh. Anonumous. first check whether your marriage was valid. i.e under Hindu Marriage Act or under some other Act. whether it is registered or not. keep one thing in mind only photographs will not be sufficient to make the case in your favour. u will have to prove the valid marriage. this is only my opinion. rest experts will guide.
mahendra rai jain
(Expert) 23 October 2009
injunction about remarriage is not necessary. without giving divorce second marriage is abinitio void. it menas that there is no marriage between the couple. if you marry her first that your marriage is valid and second marriage is null and void. any other suggestions are protective and it is up to you.
