Cheated - first marriage

what do you mean by seperation. Were they seperated by law,if no she can file host of cases on your client including bigamy

HI,

yeah, there are many sections to protect women. But what if, the woman traps some innocent guy and tries to take advantage of these sections? As Justice is equal for men and women, how to protect innocent guy, like in this case.

A divorceed women who has been to court and seen many ups and downs in life, fought with many ppl like her in-laws, relatives, husband, friends colleagues etc.

An innocent guy, who is from hard-working middle class family, being merit in academics, got some good job offer, went to onsite. he is very shy and he doesn't have any /very limited interaction with any women.

I have enquired with some of his friends, and it seems, she has shown interest in him and encouraged for s*xual affair. As she wanted to settle in abroad, and to be away from all the mess in her life at the same time got attracted to his stable and permanent position in abroad.

I understand that my client (around 30) would have shown interest in s*xual affair. But just this mistake has landed him in many troubles, blackmail, marriage, mental torture, etc. at certain point when he tried for suicide, his close friends suggested for getting separated. But this women was not ready to leave him. So he left the job and came to india, but she went back abroad and still staying there.

5 years no communication. woman persuading someone and blackmailing to do harm and to go to police. blackmailing to defame. Scaring 'to kill herself and to write a letter to police'. Doesn't these come under criminal offence.

Please suggest. what laws are there to protect the men, in these cases

the lady is WIFE.

she has all the rights upon her husband.

she can file all the cases.

its not termed BLACKMAILing in LAW.

let the guy be either shy / innocent, 

in fact, he is a STUPID person, committed Bigamy !!

Supreme Court of India

Gopal Lal vs State Of Rajasthan on 30 January, 1979

Equivalent citations: 1979 AIR 713, 1979 SCR (2)1171

..... If the marriage is void its voidness would only lead to civil consequences arising from such marriage. Section 17 makes it absolutely clear that the provision has to be read in harmony and conjunction with the provisions of Section 494 of the Penal Code which has been extracted above. Section 17 clearly provides that provisions of Sections 494 and 495 of the Penal Code shall apply accordingly. In other words though the marriage may be void under Section 17, by reason of the fact that it was contracted while the first marriage was subsisting the case squarely falls within the four corners of Section 494 and by contracting the second marriage the accused incurs the penalty imposed by the said statute. Thus the combined effect of Section 17 of Hindu Marriage Act and Section 494 I.P.C. is that when a person contracts a second marriage after the coming into force of the said Act, while the first marriage is subsisting he commits the offence of bigamy. (Emphasis ours). This matter no longer res integra as it concluded by a decision of this Court in Bhaurao Shankar Lokhande and Anr. v. State of Maharashtra & Anr.(1)

(Page 3, 4)

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..... In view of the authorities of this Court, therefore, the following position emerges: where a spouse contracts a second marriage while the first marriage is still subsisting the spouse would be guilty of bigamy under Section 494 if it is proved that the second marriage was a valid one in the sense that the necessary ceremonies required by law or by custom have been actually performed. The voidness of the marriage under Section 17 of the Hindu Marriage Act is in fact one of the essential ingredients of Section 494 because the second marriage will become void only because of the provisions of Section 17 of the Hindu Marriage Act.(Page 4)

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..... Bigamy is a serious offence and the maximum punishment under Section 494 is seven years. (Page 5)

Hi,

I have got some new information.

1. It seems, there marriage happened in arya samaj. but for the registration, neither of them were present to sign in the registration office, and the signatures were done by some agent..

2. The lady/wife of the client, has given the prior approval to marry anyone and she has given written letter, saying she has no objection for the second marriage, while she was staying in UK and the client was staying in india. Showing no interest in the marriage, during that time. but she is threatening him now.

Please suggest, can i do any help possible, in this situation.

Hi,

I have got some new information.

1. It seems, there marriage happened in arya samaj. but for the registration, neither of them were present to sign in the registration office, and the signatures were done by some agent..

2. The lady/wife of the client, has given the prior approval to marry anyone and she has given written letter, saying she has no objection for the second marriage, while she was staying in UK and the client was staying in india. Showing no interest in the marriage, during that time. but she is threatening him now.

Please suggest, can i do any help possible, in this situation.

Hi,

Could you please suggest, how can the person committed bigamy (knowingly or unknowingly), can be saved.

Thank you..

Eventhough she has permitted or given no objection for her husband's second marriage, that is not a defense for the husband. Even assuming that the divorcee wife is not creating issues now, she may very well give a complaint against her husband for bigamy and this consent letter or whatever you may call will not come to save the husband...

Just ask your client to find out her demand and advice him to go for a MCD with one time settlement as soon as possible. Peace cannot be valued in terms of money. Just take the advise of other ld. members who are well verse in family law and go ahead. good luck..