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Pavan   23 March 2022

Bagamy case

My 1st wife after marriage did not come to the home and she filed divorce under section+12(1)(a)+impotency  in year 2010 and Court gave uncontested-agreed divorce under this section.

My 2nd wife filed for divorce and as part of the petition, she said marriage was consummated by suppressing 2nd marriage.

Query : Will it affect bigamy(done by 2nd wife)case filed by me



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 March 2022

Bigamy is a non-cognizable offence. It is bailable and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both.

Pavan   23 March 2022

1] Will my 1st divorce (uncontested divorce under section+12(1)(a)+impotency )affect the bigamy case kept by me on my 2nd wife

 

2] IS IT "JAIL AND FINE" OR "JAIL OR FINE "   

section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both

OR

The punishment for bigamy is imprisonment, which may extend till 7 years AND fine

G.L.N. Prasad (Retired employee.)     23 March 2022

If the first divorce is through mutual consent order by Court, then it is not bigamy.  Suppressing earlier marriage may at the most amount to cheating and may not be a sound ground for seeking divorce by your wife, if she has spent some days with you.  Your first wife's allegation is different and unless an allegation is supported by medical record and verdict, it may not be final.

Dr J C Vashista (Advocate)     24 March 2022

No, it do not attract the provisions of Section 494 IPC.

You have mentioned two contradictory statements viz; divorce under section 12(1)(a) of Hindu Marriage Act, 1955 which reads as,

"[(a) that the marriage has not been consummated owing to the impotence of the respondent;"

on the other hand you have stated inter alia, that,

"My 2nd wife filed for divorce and as part of the petition, she said marriage was consummated by suppressing 2nd marriage."
How is it possible that an impotent person would get remarried and consumate second marriage with "new" wife ?

 


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