Does offence of bigamy made out
Shwetal Jadhav
(Querist) 10 April 2013
This query is : Resolved
My friend is living separately from her husband for last 7 years since 2006. Her husband filed divorce case in 2010. She appeared once and thereafter didn't. Husband got ex parte divorce decree on 17 April 2012. Her husband married on 19th July 2012 with another woman. He was already having relationship with her and had one year old son at the time of marriage.
Mt friend filed petition for set aside of ex parte divorce on 23rd July 2012. This petition is being heard now.
Kindly advise as to:
1. Whether the offence of bigamy is made out?.
2. Will the petition to set aside ex parte divorce of my friend allowed?
3. What is the remedy available to my friend in such situation?
Devajyoti Barman
(Expert) 10 April 2013
1. No until the decree is set aside.
2. Without knowing the ground it is difficult to say.
3. Concentrate on setting aside case.
Nadeem Qureshi
(Expert) 10 April 2013
this is not a case for bigomy, it can be illegal relationship/adultory but not bigomy,
if the court accept set aside petition and condon delay.
feel free to call
Raj Kumar Makkad
(Expert) 10 April 2013
There is no merit in the case of your friend. Her entire excercise at this stage when her ex. husband has already perfored his re-marriage and is leading a happy married life with his old lover, nothing fruitful shall come out of this litigation.
She should also lead her re-married life now.
Shwetal Jadhav
(Querist) 11 April 2013
1. What will be the future of second marriage if the divorce decree is set aside?
2. Whether that relation will become bigamy or any other offence after the divorce decree is set aside?
prabhakar singh
(Expert) 11 April 2013
Since Ex Parte decree of divorce was passed after appearance of wife who was not interested in contesting the divorce proceedings and have filed restoration after
husband's remarriage well after observing
legal wait period,the intention of ex wife is obvious which the court would take note of.It is not a case where notices were served by substituted service or by refusal.
Then wait for an order to come out in your friend's favor.
Why are you so anxious in advance?
Raj Kumar Makkad
(Expert) 11 April 2013
The possibility as you told is remotest so no reply against the imaginary reply.
Devajyoti Barman
(Expert) 11 April 2013
1. The second marriage would be considered as invalid.
2. Yes bigamy case can be initiated .
ajay sethi
(Expert) 11 April 2013
forget about it . let your ex husvand lead a happy married liefe . this endless round of litigation will only benefit lawyers .
