Bigamy after getting divorce
Rajib dey
(Querist) 16 August 2011
This query is : Resolved
Hi,
Pls. refer JUDGEMENT, ACT & Rules….
If the husband get a decree of divorce on 20-3-2011 than the appeal period for 90 days stands to 20-06-2011.
After getting divorce he wait for 3 months and then remarry on 28-06-2011 i.e. after 7 days of crossing the appeal period.
But on 02-06-2011 the 1st wife gone to High Court and submitted an Appeal Petition and also a petition for stay order on the decree of divorce which was admitted/ accepted by the High Court.
The husband after 2nd Marriage gets the notice on 5-07-2011 i.e. after 7 days of 2nd marriage and 15 days from crossing the last date of appeal.
Now question is that: -
1. The husband wait for 90 days from the date of getting a decree of divorce from Family Court than he goes for 2nd marriage but did not get the High Court notice in time. Whether the 2nd marriage is legal or void?
2. Whether the 2nd marriage is a punishable offence for the Husband?
3. and if so, under which Rule/ Act/ Judgments so that the husband could be punished ?
4. or under which Rule/ Act/ Judgments the husband may be exempted form the charges for availing the gap period for 2nd marriage between the last date of appeal and getting a notice from the High Court ?
Pls suggest with Rules, Reference Judgments and Act.
Rajeev Dey, Assam
prabhakar singh
(Expert) 16 August 2011
As the appeal was filled with in time on 02/06/11,as you state,the second marriage solemnized on 28/06/11 after filing of appeal shall be treated to be void and an offence of bigamy under Indian Penal Code is attracted which appellant wife can initiate.you are not entitled to any defense that it happened due to late service of notice as you were under legal duty to wait,watch and inquire also therefore it would be supposed that you failed to act as a man of an ordinary prudence which is the minimum standard duty law imposes on every body.
K.S.Srinivas
(Expert) 16 August 2011
I too agree with Mr.Prabhakar Singh.
