LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mukund (IMA)     18 May 2012

Bigamy threat

X who is an NRI marries Y a foreign citizen outside India.
X and Y get separated and during the separation period X gets engaged to Z in India with a Indian citizen who is made aware about the divorce proces.
X and Z gets married as per Hindu marriage without being registered and after 2 months X gets legally divorced from Y.
In this case can Z or her family file charges 494,495,420 against X saying that X was hiding about previous marriage.If X is not having any record about revealing the facts about his previous marriage to Z then will he be prosecuted for bigamy ? Will Z also can be prosecuted for bigamy ?



Learning

 6 Replies

Mukund (IMA)     18 May 2012

I find it really strange that i received contradictory response from different lawyers which means either our Indian law is not clear or the lawyers are not clear about the law.

Sorry to post the thread twice as i am unable to remove the previous post and i hope i would get some response to my post from respected lawyers here.

Mukund (IMA)     18 May 2012

I only expect respected lawyers to give answers to 3 of my above questions.

Thanks

Anjuru Chandra Sekhar (Advocate )     18 May 2012

If X is not having any record about revealing the facts about his previous marriage to Z then will he be prosecuted for bigamy ? Will Z also can be prosecuted for bigamy ?
 

If X is not having any record about revealing the facts about his previous marriage to Z, and Z denies having been heard of it, he can be prosecuted for Sec. 494, 495.  Section 420 is superflous it will not increase the duration of imprisonment.

 

Z also can be prosecuted for bigamy if available to police in India or if extradited by Govt. of India.

Mukund (IMA)     18 May 2012

Thanks Chandrasekhar for your fast response.

In this case is it possible for Z or her family file a case against bigamy against X ?

Also as you said if Z denies having been told about X''s marriage then X will be prosecuted.In this case will Z be also prosecuted as Z is indian citizen living in India or can Z easily escape saying she was not made aware about X previous marriage ?

Anjuru Chandra Sekhar (Advocate )     18 May 2012

Sorry, read the last sentence in my previous post as:

 

Y also can be prosecuted for bigamy if available to police in India or if extradited by Govt. of India.

 

In this case is it possible for Z or her family file a case against bigamy against X ?

 

Yes. They can.

 

Z cannot be prosecuted.  She is a victim.


 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register