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sam munjal (na)     05 January 2013

Give me direction

My sister done marriage with boy in December 2012 he said he is divorcee  but he is not   now she want to file bigamy will her case will be accepted  or dismiss as one year is over to incident



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 2 Replies

ABHISHEK KUMAR VATSA (Freelancer)     05 January 2013

hi akshay

there is no limitation period for filing case under bigamy.As this don't come under the purview of limitation so she can file the case against him under bigamy from the day when she got knowlede about it.

regards

abhi(dot)kumar9law@gmail(dot)com


(Guest)

@Querist,

 

In your case,the time period is immaterial and has no relevance in deciding if your sister is able to file a case of bigamy or not.

 

What matters in such a case  is chronological order that decides who can be a party in such bigamy offence.

The man in context was already married and later on your sister married him. The party in such a bigamy offence shall be the previous wife(who he never gave divorce as per your query) and your sister's husband that is the man in the context.Bigamy,adultry,and cruelty comes within the offences against marriage(Marriage is an institution as defined by IPC law).Therefore, your sister,being an outsider in context of such instituion,cannot file a bigamy case and cannot be made a party in the same.

 

Also,the marriage of your sister with that man is void and has no recognition in law.

Above is the limited reply to your limited query. Further extension of this reply may follow on further elaboration of your query.

 

Note:-This reply should be taken as per my declartion given on my profile page.

 

Thanks,

Regards,


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