Can first wife file 494 ipc during seperation ?
Querist :
Anonymous
(Querist) 26 January 2023
This query is : Resolved
My first wife have lodge a complaint before police claiming that I am remarried before divorce with her.
The fact is true.
Sir,
I think first wife cannot make such complaint since:
1) Whether second marriage is void or not that will be decided by competent court only when myself or my second wife file such petition.
2) Such complaint of bigamy cannot be lodged before police, complaint to be lodged in court.
3) Since my first wife was in separate with me for long time even after recalled her many times, she cannot be aggrieved party for bigamy by any way.
4)My second marriage is not registered.
Under such a situation can I go to high court to quash FIR.
kavksatyanarayana
(Expert) 26 January 2023
Without getting divorce orders, any person cannot marry at 2nd time.
Dr J C Vashista
(Expert) 29 January 2023
Q 1. Whether second marriage is void or not that will be decided by competent court only when myself or my second wife file such petition.
Ans: a) Yes, it is to be decided by competent Court.
b) Your first wife can also file a complaint u/s 494 IPC
Q 2) Such complaint of bigamy cannot be lodged before police, complaint to be lodged in court.
Ans: Yes, it is a non-cognizable offence and police cannot register FIR.
Q 3) Since my first wife was in separate with me for long time even after recalled her many times, she cannot be aggrieved party for bigamy by any way.
Ans: Even if she remained separate for long time she can invoke the provisions of bigamy and file a complaint before the court. However, you have a valid / logic to get the complaint dismissed.
4)My second marriage is not registered.
Ans: Although marriage is unregistered but it can be proved, where onus to prove the case lies upon the complainant, which is matter of evidence.
You must move High Court to get FIR quashed, if registered.
P. Venu
(Expert) 30 January 2023
What do you mean by "My second marriage is not registered."?
Querist :
Anonymous
(Querist) 30 January 2023
I have living with another woman during seperation with my wife.
Dr J C Vashista
(Expert) 31 January 2023
Is it a live-in relation or you have solemnised / contracted "second" marriage with the woman you have stated to be living with her ?
