Remarriage

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved
Dear Sir

One of my friend has received the decree of sec. 9 and one year has passed but has not filed the divorce.Due to some unavoidable circumstances he got married.He is aware about the consequences and he knows that he can be arrested under the case of bigamy. I would like to know what is the remedy and whether he can get the bail if he and his family gets arrested?

While he was contesting for sec. 9 the opposite party never appeared and till date he doesnt have any clue about hteir whereabouts? He knows that any day he can be arrested if the opposite party files the case. Kindly suggest the remedy. My friend and his wife are living seperately for last 4 yrs.

Regards

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ajay sethi (Expert) 22 October 2011
if thr wife comes to know about the remarriage your friend will be in deep trouble

Bigamy is a non-cognizable offence. It is bailable and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. Such offence under section 495 is not compoundable.

Sailesh Kumar Shah (Expert) 22 October 2011
Rightly Guided by Shri Ajay Sethi.

Devajyoti Barman (Expert) 22 October 2011
The marriage by your friend during the subsistence of his earlier marriage makes him liable to be punished for committing bigamy.

So ask him to reach a settlement with his ex wife if he wants to escape from the rigours of law.

Sanjeev (Expert) 22 October 2011
Why worry about future consequences he has already married. if he was and is aware of the consequences then live in current happily.

Bail - will be granted - even if not initially then from sessions or high court so forget about future and live in current.

Raj Kumar Makkad (Expert) 22 October 2011
I am sorry, none of experts has provided answer to querist as he desired to hear from us.

As one year of decree of your petition filed under section 9 has passed and no conjugal rights have developed between your legally wedded wife and you so file divorce petition against her which shall definitely be decreed as per law and meanwhile keep some vigil and try to wait for further children out of your so-called re-marriage. Try to show as if you are not re-married till some more period.

Shonee Kapoor (Expert) 23 October 2011
There is no remedy but to pray to God that first wife doesnot come to know.

Get Divorce ASAP.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 24 October 2011
I am afraid then even Mr. makkad could not get what author asked"I would like to know what is the remedy and whether he can get the bail if he and his family gets arrested? "MY answer is yes for family members and uncertainty about husband.

In answer to"Kindly suggest the remedy. My friend and his wife are living seperately for last 4 yrs."Divorce is the remedy!!

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