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ritu Sharma   19 July 2021

fraud releted

sir/mam someone gave my marriage to telling me lie about my husband that my husband is unmarried but he was married before getting marriage with me he was separate from his 1st wife.bt that person told me boy is unmarried then i was ready to marry with him


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 3 Replies

Sunakshi   19 July 2021

If your husband was not divorced from his first wife when he married you then your marriage to him is void. You can still ask for maintenance for yourself even if your marriage is not valid as per the law. And, you can file a case against your husband for Bigamy under section 494 of the India Penal Code.

But, in case he is legally separated from his first wife then your marriage to him is perfectly valid. 

SHIRISH PAWAR, 7738990900 (Advocate)     19 July 2021

Hello,

Yes, your husband has to be either legally divorced or separated. If he is not legally divorced or separated and he has again married you then he is liable to be punished for bigamy. Marriage during the subsistence of previous marriage is void marraige. 

Kevin Moses Paul   19 July 2021

As per the scenario you're dealing with I would like you to know that according to the Indian Legal System mock or fraud marriages are punished under Section 496 of the Indian Penal Code (IPC), 1860.

The Indian Penal Code section 496 deals with Marriage ceremony fraudulently gone through without lawful marriage.
The section states that - "Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine".

Any person convicted u/s 496 of IPC is awarded with a punishment of imprisonment which can be either simple or rigorous in nature, for a term of maximum seven years, in addition to a fine.

However, in the case of Shiekh Altmuddin v. Emperor, 4 Cri. LJ 152 where the marriage ceremony which is gone through is invalid by the reason of existence of the previous marriage, then Section 496 shall not be applicable, because such an act is subjected as an offence of bigamy dealt under Section 494 of the code.

The section 496 of IPC deals with Marrying again during lifetime of husband or wife.

It states that - "Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine".

Thereby, you may proceed to register a complaint under the above-mentioned sections in order reveal the fraud committed against you.

Hope You Seek Justice!

Regards
Kevin M. Paul

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