Filing bigamy against wife.
Shantanu Wavhal
(Querist) 04 February 2012
This query is : Resolved
My wife = divorced - registered divorce deed from her first husband.
Me = having Divorce decree out of first wed-lock.
marriage = May 2011 - wife lived with me only for 3 months.
I have already filed petition for declaration of void marriage (u/s 11 HMA.)
Status =
3rd hearing - respondent wife (respondent no. 1) & her first husband (respondent no. 2) are given hearing date of 22 feb. 2012 - summons already served upon both.
wife deserted 105 days ago - now defaming me & my family - i have mobile recordings - she said that she is telling (without any proof) at her office that - my husband is s*xually unfit - so i left him - and also other General alligations - bla bla bla ...
Am I entitled to file bigamy (494) against the wife ?
Other possible charges -
IPC 420, 494, 945, 496, 499
also wife as well as her first husband both are Govt. servents; so central civil services conduct rule also applicable.
Kindly suggest further possibilities.
Advocate. Arunagiri
(Expert) 04 February 2012
If wife is defaming, but this is not a ground for bigamy.
If the wife is convicted, her conduct rule will come into effect.
Sudhir Kumar, Advocate
(Expert) 04 February 2012
It is not clear as to on which basis you have filed divorce deed.
It is surprising that if both of you are not interested to live together then why should you indulge in allegation trading and nor part peacefully.
Mere fact that your wife is defaming you does not make an offence under S/494/495/496 of IPC.
If your wife is defaming then it is basis for 499 . You will have bring some of her colleagues willing to depose that they her you saying you to be ------------. You can use mobile recording as evidence but the procedure will belong drawn a she is bound to challenge the authenticity. It is indicated from your post that none of you is a responsible spouse. Similarly she may be imagining some crime on your part.
Then you have to produce medical examination to prove that her assertion is false. Both you and your doctor will be liable for cross-examination..
Do not provoke her to make those allegations (498a ect) for onus of proof will be on you and you will be fleeced like a lemon.
The facts given by you have been ready I have long experience in dealing with disciplinary matter of Central Gov employees. I could find any allegation in your post wroth attracting CCS(Conduct) Rules. There is a general misconception that once someone is Govt servant he is to be presumed to be receiving end and you appears to be suffering from so.
Even after 10 years both of you will be spouceless. Better convince her to stay together so that neither you nor she spoils life of anyone else. Both of you are entering 2nd divorce. A rare sight.
Devajyoti Barman
(Expert) 04 February 2012
If may mostly go for bigamy case.
But better resolve the issue amicably as criminal cases if filed by her may jeopardise your career.
Shantanu Wavhal
(Querist) 04 February 2012
sir, the 2nd marriage becomes void ab initio, as husband (me) having divorce decree & wife (Respondent 1) is having divorce deed from their first marriage.
Raj Kumar Makkad
(Expert) 04 February 2012
I strongly stand with author. Sudhir and some other experts have overlooked the fact that the alleged second wife of the author has not taken valid divorce from her first husband and thus her act and conduct comes within 494 IPC. The second marriage during the subsistence of first marriage is void ab initio and is liable to be set aside as the same is the case of author.
Such lady if defames you then you have got cause of action to take shelter o flaw and file FIR against her and if police hesitates then directly come to court and file criminal complaint.
Shantanu Wavhal
(Querist) 05 February 2012
thanx, raj kumar makkad sir.
till now, i had filed only civil petition for void marriage declaration.
today, wife told me over phone -
Good that u initiated the action. i never wanted to return. In fact, when asked by colleagues, I have already told at my office that my husband is sexually unfit - thats why i have left him for good. so evenif u come to my office, i have already gathered the sympathy of my office staff & everyone will say that u are falsely complaining against me to retaliate only. Everybody will laugh on you. U can imagine how ppl. look towards a Man whose wife herself is saying that - my husband is sexually unfit. Everyone will criticize you.
further, some of the allegations -
1) ur mother poured kerosene and tried to burn ur first wife, for which u and ur mother were in jail for 8 days. Same thing u tried to do with me.
2) u and ur father both sit in house, face to face, on the same table and Drink eveyday.
(i can take any allegation on me - why on my father ? I bet, nobody has seen a simple person like my father.)
Bla Bla Bla
all these calls are recorded on cell phone.
I talked to her first husband. (she did same with him. with him also she lived for only 3 months)
She is Govt. servant - Pay = 32,000 PM.
if she retains her job, she will lure 1 more person.
thats why i m thinking of CRIMINAL proceedings.
Its LCI what made me understand that, i will get expected relief through civil proceedings.
Destroying someone's life is not my intention ...
kindly guide me.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2012
You purchased cloth cut and stitched it and now want to return, the original grace and value is gone.
Now you are trapped in turmoil, look inwards. Instead of blaming others look to your ways for coming out with minimum damage.
Otherwise system is there to sap all your energy, time and resources.
Shantanu Wavhal
(Querist) 05 February 2012
Thanx JSDN,
So, I will just continue with my civil petition u/s 11.
Seems that, myself being already a divorcee; I m not MORALLY entitled to file ANYTHING against my wife (no matter what she does)
Let her falsely defame me & my parents.
I will follow your advise.
Thanx for making me aware of the reality.
PS :
1) Divorcee = characterless, immoral person ??
2) Offering other cheek, when slapped on one seems to be the best solution to safeguard one from the system that diminishes one's energy, time and resources
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2012
I have seen many of your inputs and you seems to know things in proper perspective, whether you are an advocate or not.
In legal system allegations have no value with proof otherwise it may invite counter action.
Shantanu Wavhal
(Querist) 05 February 2012
@ JSDN,
My alligations are with VALID, ADMISSIBLE EVIDENCES.
Wife's alligations are with ABSOLUTELY ZERO evidences.
Its my misery that I am already divorced. So, as my own wife says, nobody will trust me, even though whatever proofs i furnish.
i have mobile call recordings, witnesses (who are ready to come to court and give statements with affidavit, etc.)
I am not a lawyer.
I am Engineer, Publisher.
Searching for answers & remedies like a MAD PERSON since the date wife deserted with no reason.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2012
Please do not expect DIVORCE to be easy. Whatever my be your perception it is not simple and easy to prove things against your spouse in court., since will be difficult even for witnesses to come forword.
Once initial shock of various actions against you is diminished , you must prepare your defense to exhaust the opponent.
Time is biggest leveler.Memory of witnesses will fade, interest of opponent will also fizzle so it will be sure, simple to come out of your present turmoil. That is what happens in many cases.
If you feel after divorce you can get any other to bat with you, it will be nightmare or you will have to make many many compromises.
You opponent is aware of your dilemma and also can not resettle so terms of DIVORCE or MCD will be most demanding.
If you can come in terms with these hard facts staring at you than only there will be light at the end of tunnel.
Shantanu Wavhal
(Querist) 05 February 2012
Marriage is void ab initio / void ipso jure.
Divorce is not applicable in my case.
Void marriage declaration is prayed for in court u/s 11 of HMA.
Obtaining such formal declaration is also optional and NOT compulsory. (ref. M.M. Malhotra vs Union of India - SC.)
now tell me,
when initially i m seeking relief through civil remedies, what should be done against the LADY defaming us.
in my petition u/s 11, there is not just a single false alligation wrt character/conduct of my wife.
V R SHROFF
(Expert) 05 February 2012
AMIT , U ASKED SO MANY QUERIES,
IS IT YOUR PERSONAL PROBLEM AFFECTING YOU?
If ans +ve, certainly we will deeply think into, to help you out. , with all probable alternative, so as to speedily, and sweetly solve it, in short time.
Shantanu Wavhal
(Querist) 05 February 2012
The only thing I prey for :
Help me get out ASAP, without any FALSE defamation.
Shouldnt be I given a chance to furnish the evidences that her alligations are false and baseless ??
Help me prove that I am not an immoral person and i really have some Dignity.
Shantanu Wavhal
(Querist) 05 February 2012
@ V. R. Shroff sir,
This is my OWN case.
V R SHROFF
(Expert) 05 February 2012
your objective, exactly what want .
These are intermediate temporary wishes.
what u want say after 10 years? not today.
what u want to be after 14 yrs.
a long term objerctive
sorry, i have to leave 4 other appintmt
Shantanu Wavhal
(Querist) 05 February 2012
1) Impossible to bring her back - after seeing the colors she & her parents has shown.
2) My parents are also afraid of her - If she returns, she will never let them live peacefully.
3) Wife & her first husband can delay the proceedings of my case u/s 11. How to prevent her delaying ? She is expected to file WS on 22 feb. 2012 (3rd hearing).
4) Meantime, she is already defaming us. How to stop her wicked actions ?
5) I wont get any pleasure by seeing her behind bars. But she is trying to spread rumors about us. If i cant stop her spreading rumors, should i seek for proving that her rumors are false or let her keep saying whatever she says, and just ignore her ?
ultimate objective : peaceful life (with or without a wife)
Shantanu Wavhal
(Querist) 05 February 2012
a lady who is a party to void marriage can not called WIFE.
Shantanu Wavhal
(Querist) 05 February 2012
@ skj-advocate,
kindly let me know which cases could possibly be maintainable against me.
Chaitanya_Lawyer_Mumbai
(Expert) 07 February 2012
Registered divorce deed is not recognized as legal divorce.
you can get nullity u/s 11 HMA.
494 :Her first husband can file against your wife.
495,420 :you can file against your wife if you was unaware at the time of your marriage that she was previously married & not yet divorced.
496: Both of you have comitted this act of going through marriage ceremony knowing that it is not a legal marriage if you was aware that she was not legally divorced at the time of marriage.
497:Her husband can file adultery against you as you have lived with his lawful wife.
499: You can file defamation against your wife.
