Anand 01 November 2016

494 section

I am Anand. I have married a woman in 1988. She was a minor when i married her. I have two children(a boy and a girl) with her who are now majors. And in 1992 I left her not through a divorce from court but through registrar office. She has signed that she doesn't want any alimony from me. and from then we have been living apart. It has been 24 years. I remarried in 1993 and have two children(two girls)(majors) with her also. Now, my first wife is threatening me that she will file a case against me according to 494 section though I have been sending her money every month from many years. What should i do now? Is 494 bailable? I am from Andhra Pradesh. Can i claim my marriage void as it has been more than 24 years? or void because she was a minor? What is my responsibility on her children? What will be the situation of my second wife? can my first wife file a case on my second wife under any section? I live with my second wife. Please give me suggestions.

Reply Follow

31 Replies

Kumar Doab (FIN) 01 November 2016

It is felt that you are not from any community that can marry second time during life time of 1st wife.

It is believed that you are Hindu.

The divorce can only be thru court.

1st wife is still legal wife.

2nd wife is not.

All children fatherd by you are legitimate.

You have grossly erred.

You have recived a caution/warning/threat.

Approach your counsel specializing in family matters ASAP.

1 Like

(Guest)

494 IPC bigamy, non bailable, non compoundable in andhra Pradesh. 7 years jail. Jail jaane ki tyaari karo beta. Ap filled with ppl like u. No respect for law of land. Ignorance of law is no excuse. If warrant issued you are gone case. Way too many evidences in firm of wife no. 2, children. Now quest before your opposite party advocate is which wife will he prove legal or illegal.

(Guest)

The children have rights. You might as well attend cases sitting in jail, ie property cases.

(Guest)

The children have rights. You might as well attend cases sitting in jail, ie property cases.

Anand 01 November 2016

Thank you for your valuable suggestion..@ Mr.Gyan Prakash

Kumar Doab (FIN) 01 November 2016

You alone would know that why after say 24 long years your 1st wife to whom you have been sending money every month for 24 years has cautioned/warned/threatened you.

You alone would know that what are the evidences in any form that you, 1st wife, 2nd wife, children have.

While you are contemplating that marriage with minor be void, 24 years separation should provide you some relief, you are not aware what cards OP shall play.

Did 1st wife enter in live in relationship or marry 2nd time like you?

If the matter can be resolved amicably then nothing like it.

Avoid noise, harassment at this stage in life.

MCD is fast.

Rest your own counsel specializing in family matters, that has examined all evidences, inputs can advise you the best.

ADV. SHRAVAN GIRI (PROFESSIONAL) 01 November 2016

Mr. Anand, i appreciate Mr. Kumar Doab, likewise if you think taking a stand i.e. the time you married your first wife she was minor, has no stand at this instance. Hence, your first marriege is legal and second stands void, so the only suggestion is take an anticapotary bail, before any criminal action initiated against you, and meanwhile try to settel matter outside court and take a consenterm divorce before the Family Court from your first wife.

(Guest)

I'd suggest you otherwise. Above Kumar ji and Giri ji are correct in their own way. But it depends on whom you strike a deal with, no.2 is quiescent. So strike a deal with her, not to confess/abscond. And children from no. 2 go absconding if no.2 is made party along with u. You have enough property and that seems to be cause of all trouble given that you are quite old now. Get together is now warranted. All know all. Now curtains fall. No more hide n seek. Do it before no.1 reaches court.

A walk alone (-) 01 November 2016

Are you sleeping from 24 years?You have done blunder. You got remarriage,Without first marriage divorce. Your second marriage is void. 494 IPC bigamy, non bailable, non compoundable in andhra Pradesh. 7 years jail. Don't worry brother food shelter free in jail. Children from first wife have rights on property. You have spoils many life( your own,first wife,second wife,4 children). You ask "What is your responsibility on her children? " what a father you are? Shame on you! Only one way you can save yourself throw money to first wife go MCD.

(Guest)

Agree with Mr G Prakash and Mr Ramesh Singh. Dont delay now, sword is hanging on your head.

Kumar Doab (FIN) 01 November 2016

Do you indeed have much property?

Is property bone of contention?

What is the nature of this property; self earned/acquired, joint,HUF,ancetsral?

anil 01 November 2016

if you have criminal mind then , if your current wife ,child and you agree for deal then it will be difficult for first wife to prove your second marriage in court , if case filled , it will take 2 to 5 years , then apeal in upper cpurt till supreme court by that time age will play important role , so just chill and enjoy it , delete and remove all illigimate proofs if any you have.

As per law second marriage in hindu is not valid , if done then both wifes can file case on you. so ball is in your court till the time case is not filled by anyone , if case filled then if you tell truth you gone , if you lie and court got truth with proof then you gone.

but as per your age I do not think any problem you have.

Just make a will for your property and publish it as per law , no one can then get your property,

or sell it,gift it do anything whatever you want , see bill gates , wipro , infosys cheif they given most of property and no one can claim why they did .

so again just chill and enjoy whatever you done same as you enjoyed from last 24 years , only you need precaution this time

Please keep posted progress...