Chandra Prakash (Sr. Engr) 13 November 2013

Criminal case against 2nd marriage after ex-party divorce

Dear Sir/Madam,

I got the second marriage after getting Ex-party divorce from my first wife after one month from the date of decree of divorce. Now I am in abroad for 2 months. My wife already filled 498A case against me and my parents.

When I was in india till my departure to abroad, my wife does not know about my second marriage and neither she filled criminal case against my second marriage.

Is there chance that she can file criminal case against me only related to my second marriage??

Looking forward for your reply.

Regards,

Prakash

Reply Follow

5 Replies

Laxmi Kant Joshi (Advocate ) 13 November 2013

Had she done any appeal in The court against this ex-party divorce with in a time limit of 90 Days from the date of the decree . if she had done appeal within that period then according to hindu marriage act your second marriage will be null and void , you will also be charged u/s 494 ipc for bigamy, if you had concealed your first marriage to the second wife then she will also file a criminal case u/s 495 ipc against you .

T. Kalaiselvan, Advocate (Advocate) 13 November 2013

If the second marriage was conducted within 90 days from the date of exparte decree, it will be considered as an act of Bigamy attracting penal provisions thereon. You have stated to have married again within one month from the date of exparte decree, see for yourself your position in law about this. If by chance your wife comes to know about your second marriage happened this way, she can, besides filing a criminal case under bigamy, petitioning to set aside the exparte decree of dissolution of her marriage with you, she may also file a suit to declare your second marriage as null and void since it was solemnized within the appeal period.

quick (acc) 11 October 2015

Dear Experts / Quriest,

Pls see this judgement and take suggestions from ghe experts

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 October 2015

This type of cases are very very hard to prove. Please relax.

Moreover she does not know your address. How she can serve the copy?

If 90 days over of your ex-parte order then no need to worry at all.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 October 2015

Dear Friend,

We need to know which court granted divorce? Family Court of District Court. In case the divorce was granted by family court and the said decision has not been stayed by High Court, your 498a and bigamy charges both won't stand and you can go for quashing. The time limit for challanging any decision of family court is 30 days as per family court act.

However, if the divorce was granted by district court, then you would need to contest both 498a and bigamy charges.

How to fight the case is a question of merits and can be answered only upon knowing the complete facts.

Regards,

Shonee Kapoor

www.shoneekapoor.com