2nd marriage - concealing previous marriage is this punishable ?
Advocate.S.A.Siddiq
(Querist) 08 June 2012
This query is : Resolved
A Musim Man married the second time . First wife and children are living. Concealed the perivious marriage from 2nd wife.
Police filed FIR u\s 417 Is this correct?
Is 2nd marriage is punishable ?
Anirudh
(Expert) 08 June 2012
Dear Mr. Siddiq,
It is not the second marriage by a Muslim marriage that it punishable, BUT the act of cheating on his part (i.e. not disclosing his marital status) and thereby inducing the lady to get married is punishable u/s. 417 IPC.
In fact, if he could prove that he sufficiently disclosed his previous marriage to the second lady, and that the second lady was quite aware of his earlier marriage and it was only after fully knowing that he had been already married that she agreed for the marriage, then he can come out of the case.
ajay sethi
(Expert) 08 June 2012
agree with anirudh
R.K Nanda
(Expert) 08 June 2012
Agree with experts.
V R SHROFF
(Expert) 08 June 2012
Agrees with Anirudh
SAINATH DEVALLA
(Expert) 09 June 2012
The case will not sustain and he can escape.What's the reaction of the first wife?
Shonee Kapoor
(Expert) 20 June 2012
I agree with expert opinion. However both wives have an option of Khula in such circumstances/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
