Marriage
Ajay
(Querist) 09 August 2018
This query is : Resolved
SUPPOSE IF HUSBAND OBTAINED EXPARTE DIVORCE BY PLAYING FRAUD UPON THE COURT AND AS WELL AS OPPSITE PARTY AND DONE SECOND MARRAIGE.
came across one of the situation where husbad has send notices to first wifes vaccant house by misleading his wife and court and in lieu of his cheif evidence he created his presence in family court while he was judicial custody for offence 498a and obtained exparte divorce by palying fraud upon the court.
this was came to know by first wife after 1 year while set aside on the above grouds court has taken sumoto and cacelled the divorce and declerared he palyed fraud upon the court.
now recently first wife came to know during this one year of gap already the husband married another lady and she got all valid proofs of second marraige. But husband never said about his second maraige any where.
My questions for above are..
1) Is he guilty for the offence of bigamy?
2)is second marraige is valid?
Any leading judgments relating to these issues?
Vijay Raj Mahajan
(Expert) 10 August 2018
If the divorce decree set aside, the man will be considered having living wife, if during the lifetime he married another woman, his second marriage will be null and void and he will be liable for the prosecution under section 494, 495 IPC for offence of bigamy.
Kumar Doab
(Expert) 10 August 2018
What is the intent of spouse that has got relief from court to retain the wedlock?
The court has provided one relief by cancelling the divorce.
The spouse that has irrefutable evidence of second marriage while 1st marriage was subsisting has option of; either to forget the episode and lead life in restored marital bond.
Or to approach court and agitate..
The spouse has already been in courts and probably has own LOCAL counsels that have fetched relief…
The spouse may approach same counsels
Or Approach in person alongwith elders of the family, competent and experienced well wishers, seasoned PIP, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Family/civil courts, HC, SC……
Kumar Doab
(Expert) 10 August 2018
If 2nd marriage was valid marriage as per customs of community and provisions of personal law then since IT was performed during subsistence of 1st marriage as per your post, IT should come to an end.
Rest court shall decide…
In the meantime go thru some old and latest judgments on similar maters, relate with your matter and pick up relevant points ..
e.g;
Supreme Court of India
Gopal Lal vs State Of Rajasthan on 30 January, 1979
Equivalent citations: 1979 AIR 713, 1979 SCR (2)1171
Author: S M Fazalali
Bench: Fazalali, Syed Murtaza
https://indiankanoon.org/doc/1063154/
Bombay High Court
78 vs Mr. Gokhale That Because The ... on 3 May, 2010
Bench: A.P. Deshpande, R.P. Sondurbaldota
https://indiankanoon.org/doc/989161/
Madras High Court
Saraswathi vs Thirupathi on 24 September, 2014
https://indiankanoon.org/doc/83802447/
Dr J C Vashista
(Expert) 11 August 2018
The man got married with second lady after obtaining decree of divorce, hence this marriage is valid.
However, when the fact of second marriage surfaced he (the man) was already married with second lady he did not commit the offence u/s 494/495 IPC.
No citations/judgments are provided on this site, search yourself.
Consult a local senior lawyer.
