Multiple marriage registration

Shantanu Wavhal (Worker) 01 March 2012

What will happen if he registers his first marriage now?

Great adventure !!

the man has committed bigamy.

both of his wives can book him u/s 494 / 495 / 497 / 417 of IPC.

Shantanu Wavhal (Worker) 01 March 2012

IPC 496 too

Arvind Singh Chauhan (advocate) 01 March 2012

It is illegal to register marriage without providing true information on the application form as " Status of Parties at the time of marriage ". Now the registration of first marriage is totally illegal.

He can not be arrested untill first wife files complaint agaisnt him in court. Second wife can not do so as his marriage is itself illegal. Only aggreived can complaint and that is first wife.

AK (SSE) 02 March 2012

No. Even Second wife can file a case for cheating her I think. Please tell me the impact to the ladies and their families in case of filing the case for bigamy.

Thanks.

Shantanu Wavhal (Worker) 02 March 2012

both the wives are covered by the term - aggreived person.

https://498amisuse.wordpress.com/2011/07/28/second-wife-can-also-sue-husband-for-bigamy-says-sc/

Second wife can also sue husband for bigamy, says SC

July 28, 2011Fighting Legal TerrorLeave a commentGo to comments

Promiscuous men beware! Not just your legally-wedded wife but even the second woman with whom you solemnise a marriage can land you in jail for bigamy. The Supreme Court has ruled that a woman with whom second marriage is performed is also entitled to drag the man to court under section

494 of the Indian Penal Code (IPC) which makes bigamy a criminal offence, punishable with a jail term of maximum seven years.

“To hold that a woman with whom second marriage is performed is not entitled to maintain a complaint under section 494 IPC though she suffers legal injuries would be height of perversity,” a bench headed by justice JM Panchal said while ordering the prosecution of an Andhra Pradesh policeman for bigamy.

Rejecting the policeman’s contention that complaint of dowry harassment against him by the second woman was not maintainable because she was not his legally wedded wife in view of subsistence of his first marriage, the bench restored the charges under section 498A of IPC. The section 494 of IPC is a gender neutral, but, generally it is men who are at the receiving end of this provision and it is the first wife who as an “aggrieved person” invokes the anti-bigamy law.

Maintaining that section 494 is intended to achieve “laudable object of monogamy,” the bench said it “does not restrict right of filing complaint to the first wife and there is no reason to read the said section in a restricted manner…”

Senior advocate Geeta Luthra said: “The judgement explains the meaning of the phrase aggrieved person and also gives an alternative to many women who cannot take benefit of section 498A because of them being victims of an illegal/second marriage…”

https://www.hindustantimes.com/Second-wife-can-also-sue-husband-for-bigamy-says-SC/Article1-726367.aspx

Arvind Singh Chauhan (advocate) 02 March 2012

Mr Amit thanks a lot for the relevant information.

Shantanu Wavhal (Worker) 02 March 2012

:) never mention

user (Desig) 07 March 2012

Without acceptance of first wife how did you go for second marriage?

Prashant Rana (Advocate) 07 March 2012

Dear AK your position is very strange because:-

1. Any of your wives can file a complaint against you for offence u/s 494, 495, 496, 497, 498-A out of which some are punishable upto 10 years & fine. But complaint can be filled only either of your wife and nobody else.

2. You have committed the crime u/s 181, 182, 191 IPC ( punishable upto 3 years) by giving false statement on oath at time of registration of second marriage, for which you may be prosecuted and convicted on complain by any person to the relevant authority. Even you wife could not save you from this.

So it is better for you to forget about the registration of the first marriage at all and always tries to please & keep happy both of your wives if you want to save yourself from the punishment. If you take any step towards the registration of first marriage it will be "digging you grave by your hand". So keep mum and prays for the best as a sword is always hanging on your neck.

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Second wife can also sue husband for bigamy, says SC

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