Muslim divorce

In all this who told your sister to file 498a on husband who is not husband at all?  If it is false 498a. then 7 years imprisonment for filing false case.  125 crpc application will be dismissed as the marriage is not legal and is void.  Even any interim maintenance becomes unpayable.

Your sister to stop appearing in 498a case as well as 125 crpc case.

Eventually both the cases will be dismissed due to petitioner not appearing.  Don’t make mistake of withdrawing case of 498a and 125 crpc.  Court will levy fine for wasting court time on your sister.

Regarding the musliim boy who is  the real husband.  Ask him to withdraw the case which he has filed on your sister and you people.

Now in this case your sister cant claim innocence and put the blame on family members pressurizing her.  All the family members of your sister and yourself stand guilty of cheating a person into false marriage.

Section 496 of the Indian Penal Code deals with the offence of marriage ceremony fraudulently gone through without lawful marriage. By virtue of this section, fraudulent or mock marriages are punishable offence. Section 496 of Indian Penal Code, 1860 is categorised under the offences relating to marriage.

Section 496 of IPC applies to those cases, in which a mock marriage ceremony is gone through, where it would in no case constitute a marriage, and in which one of the party deceived by the other party into the belief that, it does constitute a marriage OR in which effect is sought to be given by the proceedings to some collateral fraudulent purpose.

Where the ceremony gone through does, but the previous marriage constitute a valid marriage and if both the parties are very much aware of the circumstances of the previous marriage, then Section 494 of the Indian Penal Code will apply, where it deals with the offence of marrying again during the lifetime of husband OR wife1. However, when such a second marriage is performed fraudulently, complaint under this section can be made only by the person so deceived and not by the first wife2.

Section 496 in The Indian Penal Code

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.

Your sister will be booked under bigamy.  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.  Bigamy is both an offence against Marriage ( Per HMA ) as well as a Penal Offence ( under IPC ). The Hindu Marriage Act applies to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Bigamy is one of the ground to seek divorce under Hindu Marriage Act 1955.  Section 17 in The Hindu Marriage Act, 1955

17 Punishment of bigamy. —Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

Indian Penal code 1860, 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.

Bigamy- legal definition?

A person commits bigamy when he/she:

– When  husband or wife living,

– marries ,but  such marriage is void,

– by reason of its taking place during the life of husband or wife.

When is Bigamy offence ?

Section 5 of the Hindu Marriage Act, 1955, clearly states that a marriage could be valid only if neither of the party has a living spouse at the time of marriage. Section 11 of the Act declares second marriage to be null and void.

What is Punishment under the Act?

Bigamy is a NON-cognizable offense. It is bailable and compoundable with the permission of court if the offense is committed under section 494 of the IPC. Punishment 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.

What if the person hides the first marriage and contracts another one ?

Complaint for cheating can be filed under section 415 of IPC

Section 415 in The Indian Penal Code

415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.

Section 420 IPC applies on your sister via mock husband.

Punishment of an offence under Section 420

The punishment which is given under section 420 of IPC for the offence is imprisonment for a term which may extend to seven years, and also be liable to fine.

Stop attending all cases.  Simply change the address and town or city or state. Move to some other state or country and live a secluded life.  If woman does not marry and sleeps around with different men each night and day, she will become sobha day.  If she marries every now and then, her fate will be very bad as per Indian Law.  Forget all this and silently run away like nirav modi. but dont tell anyone where you all went. The muslim boy will eventually get favorable orders and as this is not problem of the state, police wont run behind you scoundrels to catch you.  There is a chance if muslim boy files for execution of orders, if that happens better change the place and state..  Instead of running away in middle of night, better run away now itself.

Originally posted by : Adv Kamakshi (Nellore)
	The second husband will go to jail for fuking his wife. 7 years jail for him.  you can simply put poison in your food and eat and sleep if you dont want to face harrassment at the hands of first husband and second husband. or simply all of you catch night bus to tamil nad and run away.  Property everything sell, put money in pocket and go.  If you can come to nellore I will guide you how to safely run away.

is it possible that second husband will go to jail... Because Manoj (second Husband ) has filed a complaint case in the court u/s 420, he has claimed that he was not aware of her earlier marriage. and we have done fraud with him... he is saying that till now he is not aware whether parul is divorcee or not... 

Any way we can send him (second Husband) in jail.. that will be a hope for us.. As because of Jail may be he will ready to settle the case and get ready to take my sister... If we are able to create pressure then there may be chances of correcting all these...