1.) Will she have to pay me all the money that I have spend for her.
Opinion: Yes, you can claim.
2.) What are the consequences if she doesn't reply to the notice which I had sent.
Opinion: it is her duty to reply of this notice otherwise it will be persumed that she admitted all the facts mention in notice.
3.) How long will the process take in court ?
Opinion: as per hindu marriage act the time limit is six months but not in practice.
4.) What should be my demands if she comes for an amicable settlement ? should I claim for compensation.
Opinion: yes, you can claim for compensation from her.
5.) Has she done a criminal offence ? if yes is it Bigamy, adultery and fraudulent... how can I prove adultery( I have proofs of her first marriage..Marriage pics)
Opinion: yes her act is an offence.
Section 494. Marrying again during lifetime of husband or wife
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.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.
State Amendment
Andhra Pradesh
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].
Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
STATE AMENDMENT
Andhra Pradesh
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]
Section 496. Marriage ceremony fraudulently gone through without lawful marriage
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.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
State Amendment
Andhra Pradesh
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
