Husband did second marriage after divorce--divorce petition restored--will bigamy apply?
Advocate Ravinder
(Querist) 19 September 2013
This query is : Resolved
My client (husband) married a woman (1st wife). The wife lived in her in laws house only one month, later she went to her parents house and living there. Husband filed divorce petition on the grounds of cruelty and desertion. The case went for 2 years, but she did not appear even once before the court. Finally the court ordered exparte decree in favour of husband, three months appeal period also surpassed, the exparte decree became absolute. Husband married to another woman (2nd wife) and has begotten a femail child.
Now, all of sudden the first wife filed restoration petition along with condone delay petition in the trial court. The case restored. Now the 1st wife is threatening to file a criminal case under sec. 494 of IPC for bigamy.
What steps I have to take to save my client.
ajay sethi
(Expert) 19 September 2013
at time of second marriage divorce decree was in operation . appeal period had expired . move HC against order of trial court condoning delay and restoring petition .
Guest
(Expert) 19 September 2013
Bigamy cannot apply.
Although the case is quite peculiar, case u/s 494 virtually would have no effect as that section applies to husband/wife in real life, BUT NOT to the "EX" category of husband/wife, i.e., already treated as divorced. She was wife prior to the court's decree of divorce taking effect.
In my views, your client's case is strong enough and if presented effectively, neither the 2nd marriage can be held void, nor any criminal case would stand against your client.
Rajendra K Goyal
(Expert) 19 September 2013
Agree with the experts, nothing more to add.
Guest
(Expert) 19 September 2013
But, as a supplement my earlier views, any serios lacuna in the earlier judgment can be the exception, if presented by the opposite party.
V R SHROFF
(Expert) 19 September 2013
In any case, u married after appeal period was over. So no crime.
Marriage become void, if result pof restoration decides against u.
