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Anne W (na)     30 December 2012

Is bigamy a crime ?

Thank you Sir, for ur willingness to help me I appreciate it. I am from Philippine currently in Mumbai and need your help / guidance. Me and my X married in Singapore under the Registry of Marriage. I checked the Indian penal code, Hindu marriage act, Singapore penal code and Philippine penal code they have the same law regarding bigamy which is 7 years imprisonment plus fine. My marriage was register in Singapore and Philippines the worst thing is that my country don't allow divorce. I try to register at the Indian embassy in Singapore but they say no need. I try to settle things with my X but he refuse to have a heart to heart talk, he yell and ask me not to disturb him. His very rude and he even blackmail me that if I sue him to court he commit suicide. He cannot run away from I have his full personal details, his family photo, his mistress photo and evidence of his bigamous marriage in India. This is the only way I know to ease my burden and suffering. I have loved him and i gave up a lot of things and opportunity that come to me but at the end he simply dumped and abandoned me. He may or might have cheated many girls and so it is imperative to bring him to justice. I seek your sincere opinion and help. Pl. tell a) Where the case could be filed ? b) Do I have to be in India till the case is decided ? c) What could be approx. lawyer's fee ?




Learning

 3 Replies

Ashimta Lekhi Malhotra (Independent Lawyer)     30 December 2012

Agree to Mr.Davessar.

ABHISHEK KUMAR VATSA (Freelancer)     31 December 2012

hi  anne w .

first of all i would like to say that u r a very gennuine lady with a lot of love and feeling and that guy is seriously unfortunate who cnt see tht.NowIn India, bigamy is an offence against marriage and it is also criminal offence under Indian Penal laws. The bigamy law applicable to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Bigamy is one of the ground to seek divorce under Hindu Marriage Act 1955.The second wife is entitlement for maintenance ,she is not entitle for property  rights. In August 2009, the Law Commission of India  recommended that  bigamy should be made  a cognizable offence. but still Bigamy is a non-cognizable offence. It is bailable and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. Such offence under section 495 is not compoundable. Now from my personal view you can also chare him with adultry as u told he even have a mistress and still if u just want to have divorce with him u can do that as per charging him with sec13(1)(i) of hma 1955.anne its completly your choice.

you don't need to be in India till the decision of the case. Your personal presence will be indispensable only at the evidence stage. For the other hearings your lawyer's presence in the court will be fine.

and as per fees is concerned different lawyers charges differently according to thr skill and experience.

for further query contact


abhi(dot)kumar9law@gmail(dot)com 


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