Second marriage by cheating
Swapna Santosh Raut
(Querist) 19 February 2013
This query is : Resolved
What is the remedy available to second wife in case marriage is by hiding first marriage?
What is venue of filing complaint in the above case?
Can Section 494 and Section 415 of IPC applicable in the above case?
Arvind Singh Chauhan
(Expert) 19 February 2013
Yes 494 and 415 is applicable here, Second wife has to file complaint in court.
R.K Nanda
(Expert) 19 February 2013
no more to add.
ajay sethi
(Expert) 19 February 2013
case for cheating and bigamy is made out . as husband has married during subsistence of his earlier marriage and has surpressed facts from second wife .
Poonam Singhi
(Expert) 20 February 2013
In my opinion and vide the supreme court case of A.Subash Babu vs State Of A.P.& Anr on 21 July, 2011,a marriage contracted by suppressing the first marriage would attract sections 494 and 495 of IPC.
Refer :
http://indiankanoon.org/doc/1342950/ for the decision in the above mentioned case.
Also, the appropriate forum would be the court. However if a case under 420 or 498A is made then even an FIR can be lodged in the police station since the charges then would be a combination of both cognizable and non cognizable offences.
