Bigamy by son in law
MARIMUTHU P
(Querist) 11 October 2020
This query is : Resolved
My daughter was married to a boy and they lived at coimbatore for two months and after that they shifted to Delhi and resided for about more than an year. After that the boy told that he got selected for HCL and had to leave to Chennai and left with my daughter's consent. He informed us that he was nominated for overseas assignment and had to leave. We consented. After that no communication from him. Of late we came to understand that he got married to another girl and living in Madurai. He cheated my daughter and took all jewels around 300 grams and around Rs.150000/- in cash. Knowing that he got married second time, we approached the second wife's family and it is given in writing that he would refund the jewels and money. But nothing happened. The second wife made a complaint in Madurai PS which was made as a case and underwent trail. But the second wife withdrew the case and now living with him. My daughter filed a case for restitution before Salem Court where she has been with her mother. It was decided ex-parte. Being lived in Delhi and I am living in Delhi, can I file bigamy case in Delhi against the son in law? If yes how to proceed? There is a son for them who is about five years old born out of their wedded life.
Please guide me. I am also an advocate but not know how to proceed.
Marimuthu.P
Isaac Gabriel
(Expert) 11 October 2020
Since your daughter liver at Delhi while she was deserted her, the bigamy case could be filed at Delhi.
Dr J C Vashista
(Expert) 12 October 2020
Dear Mr. Mrimuthu P.,
Your daughter is living in Delhi and cause of action arose in Delhi hence Delhi Courts have jurisdiction to entertain, try and punish the accused for the offence of bigamy under section 494 IPC which your daughter must prove beyond reasonable doubt qua subsequent marriage during subsistence of legal marriage (for Hindu).
Regards and Best wishes
P. Venu
(Expert) 12 October 2020
Yes, your can file the case in Delhi in accordance with the provisions of Sections 179 and 198 CrPC. You can make a private complaint before the jurisdictional Magistrate through a Criminal Miscellaneous Petition duly supported by an affidavit. Dr. Vashista is based in Delhi. You have the option to seek his legal assistance.
Rajendra K Goyal
(Expert) 13 October 2020
As per given facts, your daughter can file case of bigamy in Delhi.
Rajendra K Goyal
(Expert) 13 October 2020
As per given facts, your daughter can file case of bigamy in Delhi.
MARIMUTHU P
(Querist) 15 October 2020
Thank you all my lawyer brothers for sparing your valuable time in replying my query. Thanks.
Rajendra K Goyal
(Expert) 15 October 2020
You are welcome, may revert if there is further question on the query.
