Family
T SANKAR RAO
(Querist) 05 February 2012
This query is : Resolved
A, a software employee, concealed his first marriage with B and entered in love with C and married her in a temple on 13-2-2005 taking huge amount of dowry but without divorcing to B. Later, when B divorced him in 2010, he continued the marital status with C. Thereafter, he began to harass C for additional dowry. Not satisfied with jewelery, cash, and other articles, A became cruel towards C and finally sent C out of house snatching away Mangala sutra from her neck on 3.12.2011. A destroyed all the evidence of marriage with C including marrige photos. A newspaper publication after marriage with C is available. Purohit and some of those who attended marriage may give evidence.
Q.1.Whether marriage with C becomes legal after the divorce with B because the marriage status with C was continued by A
Q2.Whether A can be prosecuted both on Civil and Criminal at a time.
Q3.Has C got a right over the assets of A and for Maintenance.
sibasish pattanayak
(Expert) 05 February 2012
Hi T.S.Rao ji,
1. marriage wth C NOT A LEGAL ONE, bcoz at the time of marriage with C , B WAS THE LEGALLY MARRIED WIFE OF A. may be right now A & C LEADING A CONJUGAL LIFE .
2. Yes
3. yes, she c is entitled to get maintenance from A and in the matter of RIGHT OVER THE PROPERTY OF A IS REQR TO BE ADJUDICATED After consideration of other documents papers and duration of stay s husband n wife , etc. etc
regards,
SIBASISH PATTANAYAK, ADVOCATE,
09874854594 / 09477090999 / 09231668664 / 09433074402.
Advocate. Arunagiri
(Expert) 05 February 2012
1. Marriage with C is illegal. But, after getting the divorce from B, A can claim C as his wife. Question arises on the date of marriage.
2. A can be prosecuted on civil and criminal acts.
3. C is having all such rights over the property of A and can get maintenance. C can lodge a complaint under DV Act.
Sudhir Kumar, Advocate
(Expert) 05 February 2012
Husband (the person posing as husband) was not divorced at the time of second marriage. So the marriage did not take place with C.
In this case the person if concealed his earlier marriage and non-existence of divroce with B, has induced C to believe herself to be legally wedded wife. So Allegation of rape also subsist upon him.
[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de-scriptions:—
First.— Against her will.
Secondly.—Without her consent.
Thirdly.— With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law¬fully married.
Fifthly.— With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe¬fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly.— With or without her consent, when she is under sixteen years of age.
Although marriage is illegal but the law and equity does not allow one to be benefitted by his own folly. So C cannot be denied her rights merely because A has been successful in cheating.
For cheating the s/415 of IPC is reproduced as under :-
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".
Explanation
A dishonest concealment of facts is deception within the meaning of this section.
Other facts if true will be cause of other civil and criminal cases.
prabhakar singh
(Expert) 07 February 2012
I presume parties are Hindu and find 'A' married 'C' in the life time of his wife 'B' hence marriage with 'C' is illegal.
'C' has several civil and criminal actionable rights against 'A'.
'C'does not have any title or right over properties of 'A',however actions under DV ACT are possible.'C'also has claim to her 'stridhan' property withheld by 'A'
V R SHROFF
(Expert) 07 February 2012
A can be in big trouble, if cri action is initiated.
Chaitanya_Lawyer_Mumbai
(Expert) 07 February 2012
The marriage is void in the eyes of law.
She can file DV.
she can file FIR u/s IPC 495,417.
She is entitled to maintenance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
