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Ashish Joshi   11 February 2018

defend bigamy case 494

Team

Requesting all seniors to guide to defend against IPC 494 (Bigamy)

1st wife don't have any problem on 2nd marriage occurance, but 2nd wife threatening to file procecut under section 494
(1st separation done on stamp paper)


2nd wife is aware that 1st separation is done through stamp paper.

Even 2nd marriage occured as per hindu act 1955 & both party have signed on form that they both are aware about this is 2nd marriage and both are divorced


any strong argue can be done, pl guide


Learning

 14 Replies

Ashish Joshi   11 February 2018

I am the victim. She is giving threat to me on this to take me on 494.

Rajanna adv hallikar   11 February 2018

marriage can be dissolved only by an order of family court. an advocate can address the court on this issue on thorough studying your case in detail.
1 Like

Ashish Joshi   11 February 2018

Thanks Rajanna sir.


Any well wisher,.pl guide. little bit scared on this case. This is the case where I am on back step. Any little positive argue pl let me know. whatsapp me if possible on 97121 54540

Vijay Raj Mahajan (Advocate)     11 February 2018

You are from Gujarat where all sort of foolish lawyers if they are actually lawyers indulge in all sort of fraud process like the one, non-judicial stamp paper separation or divorce as in your case and even get that notarized.

You never got divorced from first wife and got married once again with second one, both marriage solemnised according to Hindu form of marriage between the Hindus.

Now you fear the bigamy prosecution initiated by your first wife, which will definitely take you to jail yatra up to 7 years and fine under section 494 IPC. The proof of both Hindu marriages is what the first wife has to bring on the record for you to be held guilty u/s 494 IPC. 

Now what all you require, open your pocket and get ready to pay experienced lawyer to guide you and defend you in the criminal prosecution, because here people like you get free legal consultancy and think the real lawyers are available free of cost.

Secondly check what all your first wife knows or has information about your second marriage, evidence of the ceremonies of second marriage with her. The evidence of first marriage that definitely, your first wife will be able to produce in the court, but if she fails on account of proof of all essential ceremonies of second marriage, than her case fails and you can be free from the charges of bigamy.

Now how this to be workout out, you need real intelligent lawyer for job not the jokers hanging around everywhere.

 

2 Like

Ashish Joshi   11 February 2018

Dear Vijay sir, 1st wife has no problem with my 2nd marriage done. 2nd marriage done with 2nd wife and we both have filled the form where in it was clearly mentioned we both are divorced followed by all witness undersigned. It means all they are aware that i am divorcee. How can she put me on 494 ?

Vijay Raj Mahajan (Advocate)     11 February 2018

You're not divorcee, whoever tells you this is a stupid fool. You don't have decree of divorce issued by the Family Court. This what I'm telling you, your local lawyer made fool of you. Now you're in real trouble because both these wives can file bigamy complaint against you even if they were aware of the second marriage, they consented for it, but now, that will not stop them from going against you for bigamy complaint and you have not defense to save you. All your arguments are senseless and will not protect you from criminal charges , prosecution and even punishment.

TGK REDDI   11 February 2018

There won't, in all probability, be any prosecution.       Matrimonial offences can be complained against by the aggrieved parties.    You have proof that your second wife knew of the first marriage.   Your second wife and you are equally guilty.

However, the divorce is, as stated by the Hon'ble Members, invalid.

Because your first wife has no objection, she won't move the Court.      Please relax.

1 Like

Ashish Joshi   11 February 2018

Thanks Reddi sir. Your each words seems to be valuable. Fortunately, 1st wife is also in favour of to give any help to me on this case. (She is in much obligation of mine). she is not gonna file any grievance. Problem is of 2nd wife.

Reddi sir, can you pl brief me about on what basis we are equally guilty. I am in guilt that I know, but how come she turn to be in guilt.

This revert will give my sleep for today. please.

TGK REDDI   11 February 2018

You married without valid divorce.     You're guilty.    

Your second wife accepted the second marriage without making sure that the divorce is of any use.      She's guilty.

1 Like

Ashish Joshi   11 February 2018

Thanks again reddi sir. Last question to you. Is she fall under any CRPC grievance like (4_ _, 4_ _, 3_ _). ?

If yes, pl tell me. I will take it up with local lawyer to protect my self.

TGK REDDI   11 February 2018

No.   No.   No.    There can't be any prosecution.     If she tries to prosecute you, she'll be flung into jail.

She won't ask for divorce through Court.    She may desert you.     And you can't apply for Restitution of Conjugal Rights.     Any step taken by any of you will be at the peril of both of you.

Ashish Joshi   11 February 2018

A million thanks to all of you for time spent. Especially to Reddi sir. Your advice bring my moral back. I don't know how to reward but my well wishes will always remain with you and all other , who helped me on this spending valuable time

TGK REDDI   11 February 2018

Your happiness is a reward for all of us who replied.      We desire no more.

Ashish Joshi   11 February 2018

@ Ramesh sir, pl guide me. I am a layman who could not understand your law terminologies. Any deviation on this, pl suggest me how to overcome this situation.

your precious words may bring back others life.

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