Bigamy

Dear,

If during the subsistence of the previous marriage, the guy marries another girl then it will amount to bigamy and the girl can prosecute the same despite the fact that he had taken divorce after marrying again.

Advocate Kapil Chandna

9911218741 

The Guy married B two times, that is what is inferred from your expressions

Dear Akshay,

First marriage was subsisting at the time of second marriage. second marriage becomes void as per Hindu Marriage Act, 1956. A guy solemnized marriage with B two times. The offence clearly falls under these two sections. 

Section 494. Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

State Amendment

Andhra Pradesh

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

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