Cans econd wife file complaint for cheating

1. Yes you can.
2. Read with your appointed advocate annexed Judgment of Mumbai HC which are quite similar to yours.

All the best.

It is a serious issue of deceiving, defrauding, adultery,cheating etc. and that man should get sever most punishement.

1. Only 495 will attract - Concealment of earlier marriage.

2. For cheating there is limitation in Cr.P.C. Since she knew the fact of subsisting of first marriage of her husband for 10 years, cheating will not come.

3. For 495 there is no limitation. However there will be naturally a question that what the wife did for all these 10 years of living with the husband knowing his earlier marriage. Because she must establish that she has been aggrieved person under section 198 of Cr.P.C.

4. For 495 she must establish, that both the marriages have solemanized as per hindu customs and rites. Heavy burden of proof on the side of wife.

Therefore think before complain. It may backfire.

Clear cut case of bigamy and the relevant sections has been dealt with by the experts above. Section 420 too can be incorporated in addition.

As the marriage is 10 years old. I am sure there must be kids involved too.

What she will achieve after complaining and sending husband to Jail.

Legally she can but logically she should resolve the matter with some elders or even NGO/marriage counselor

Regards

Rajan Bhasin

+91-9910571733

Dear Mr.Rajan,

What is the position of the second wife legally? ZERO. When the husband has misled her by concealing his earlier legal marriage,he has to be punished for bigamy.Otherwise he will repeat again with some other lady.

Dear Sainath- Revenge is not solution. Here I have given my advice and will leave final decesion on author

Dear Sainath- Revenge is not solution. Here I have given my advice and will leave final decesion on author

IPC 494 / 495 has to be filed before hon. magistrate of 1st class.

it becomes a summon case.

1. first file written complaint.

2. verification

3. arguments

4. issueance of process, if hon. magistrate deems fit.

till the process is issued, the complainant has to be Patient.