Second marriage without divorce
Nirmal Singh
(Querist) 23 September 2015
This query is : Resolved
a widow woman constable who got compassionate job after the death of her (Head constable) husband in Police deptt.got married with a person 15 years younger to her age.on her request the Police deptt. had stopped her family pension. this was the first marriage of her husband who has no income and is drug addict. he took money from the woman constable and got constructed house in his native village. he used to beat her that's why she shifted to the place of her posting in a city.after a gap of 7/8 year her husband got second marriage without giving divorce to the woman constable. on Sunday a baby boy was born from his second wife.what action can be taken against the husband and his family? under which section criminal case can be got registered..?? on the other hand the husband filed a civil suit i the court with a prayer to direct the woman constable to live with him as his legal wedded wife the court fix 6th Nov. 2015 as next date of hearing. he concealed the fact of his second marriage with giving divorce the woman constable..
SAINATH DEVALLA
(Expert) 24 September 2015
It is nothing but bigamy.
ipc 494 imprisonment upto 7 yrs
ipc 495 if first marriage hidden from second spouse.
P. Venu
(Expert) 24 September 2015
Legally, the husband is liable for bigamy. However, the practical solution for lady constable is to seek divorce on account of his bigamy.
Incidentally, her remarriage or that the husband being younger in age are of no legal significance.
When the widow of a deceased Government servant remarry, she ceases to be eligible for family pension.
Sudhir Kumar, Advocate
(Expert) 24 September 2015
She is a constable and does not know the basic provisions of IPC ?
even an illiterate woman knows this.
Sudhir Kumar, Advocate
(Expert) 24 September 2015
If he is concealing the second marraige from court then let the lady constable also conceal the same and get punished.
why the fellow was never in lock up for beating of wife?
please come with full facts.
Advocate. Arunagiri
(Expert) 24 September 2015
Let the wife (lady constable), file a counter stating the second marriage of her husband. She can demand the husband to file a affidavit on his second marriage. This will be useful for the further proceedings.
Rajendra K Goyal
(Expert) 24 September 2015
How are you concerned with the query?
Sri Vijayan.A
(Expert) 24 September 2015
The constable might know the remedy.
Well advised by experts.
Dr J C Vashista
(Expert) 26 September 2015
Submit reply to the question raised by expert Mr. Rajendra K Goyal, how you are concerned and why you have asked this query, if you have posted for enriching your professional/academic knowledge?
Nirmal Singh
(Querist) 28 September 2015
I am Helping that woman, being my subordinate.
Nirmal Singh
(Querist) 29 September 2015
after her second marriage , the deptt. on her request stopped the family pension. she is not well educated as compared to other woman. all the time she remined busy to care of her 27 yrs. old 100% mentally and physically challenged /unsound son. That' hy she did not perform even her routine duty , she lives in the Govt. accommodation situated in a police station. she was asked by the SHO to care of her son.nobody helps her.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
in the first place she has to take divorce from drug addict husband and only then think of normalcy in life.
