My husband has remarrired

@Utpala

Bigamy is:

Bailable

Non-cognizable

Compundable

Let's not go by the term that could be awarded but its the seriousness tag that it owes to the statute.

Moreover, when the husband has deserted once and for all and dared to marry again, he deserves no liniency. He should be dealt with by strong heart and patience.

//peace

/Saurabh..V

@Saurabh

The Supreme Court has laid down that proof of solemnization of second marriage in 

accordance with the essential religious rites applicable to parties is absolutely essential 

and a must for conviction for bigamy. Mere admission by the accused is not enough. 

The author of this thread said

.In fact in supremecourt ,he admitted that he his second another womenis carrying amd he submitted registered copy of his second marriage.is it not sufficient to prove his bigamy

This husband should be an example for the society.

Adv.Mr.Chandu has given  a sound legal advice and I too endorse the same view as far as legal course of actions open to you are concerned.  But, as far as the practicalility of a successful re-union between you and your enstranged husband is concerned, as has been rightly commented upon herein above by some of the friends, it is now futile for you to  seek the person, who, no longer is willing to be your husband.  One can easily make out clearly that even your own willingness to live with that person is nothing but  coming out of your strong REVENGE  mentality to teach that person and his second wife a lesson !   Therefore, it is wise for you to have a proper retrospection  and consider all pros and cons of your continued fight with that perons rather than looking for a fresh start in own life and  freeing the other  (perhaps innocent ?)  women from  avoidable miseries in her life.   As you know, human life is so precious  and  no one should  be a cause to waste the same in court rooms, advocates' office or police stations and jails.  
 

Vaishali, I was reading your earlier posts. If one of your earlier post you were asking whether timeframe for filling appeal is one month or three months. you also said in the thread that you filled appeal after 30 days.

In this thread you are saying that your husband remarried  within thirty days. Clearly  things are not tying up.

These highlighted points are completely different and have no connections with each other like colours of the fonts.

What Mr Baroda has said is also true.But if the husband is left for only he no more likes to be her husband anymore then such incidents will be kept repeated again and again.Laws will be in books only.

Is it not possible for her getting divorce and remarry after he is punished for bigamy??

@ Vaishaliji,

The marriage certificate pertaining to his second marriage produced in Supreme Court is sufficient proof of second marriage.  You see the date of marriage on the certificate and if it is within 90 days from the date of the decree of the trial court, then this marriage is illegal and void ab-initio.  You said that it is within 30 days, then there should be no hesitation to conclude that it is illegal marriage. Every second marriage while subsistence of first marriage is void.  That does not mean the person who commits second marriage can come out of the clutches of Section 494 of IPC (Bigamy) on the ground that second marriage is void. Then Section 494 will become redundant.  This question came before the various High Courts including the Apex court and the Supreme Court held that despite the second marriage being void, the person who undertakes such marriage is guilty of bigamy and can be convicted.  There are several instances, where people were put behind the bars for bigamy and also lost their government employment as it is contrary to service conditions.  The guilty shall be punished in such a way.

The courts are sympathetic towards women and their problems and their status in the society.  The courts are also sensitive towards the illegitimate wife and her status in the society.  So, where the couple are involved in prolonged matrimonial  battles and are not living together for the years together and there is thin scope for reconciliation and in such cases, if husband gets divorce decree  and immediately marries some one else within the appeal period, the  appellate courts consider the entire issue in different angle.  Some times they show sympathy toward the wife of second marriage (even though she is not a party before the court) as the first marriage appears to be irretrivably broken down.  Though the husband is not entitled to divorce decree purely on the basis of legal grounds, keeping in view of the pitiable condition the second wife will face in future if the divorce decree is not confirmed, courts uphold the divorce decree.

Some conniving litigants and at the advise of conniving advocates take such a drastic step that the husband immediately after getting divorce decree in trial court, without waiting for the appeal period, goes for second marriage with registration and produce the same in appellate court and seeks the confirmation of divorce decree.  That foul play often some people play.

In your case also the same thing has been played by your husband. You see how many supporters he collected on this forum for his criminal offence without putting his version.  But the courts dealt shrewedly in your case and did not play game according to his tune and ultimately gave verdict in your favour.

So decide yourself what you want to do.  

@

Adv. Chandu 09868332610,

Sir if husband is convicetd and sent to jail what will be marital status of VAISHALI?

Can she remarry then??

@utpala kaur,

she cannot marry without getting divorce decree in her favour. 

That means wife purchasing isolated life for her for rest of her life after fighting all these years. because its not easy to punish him as you already said that some time court consider the life of second wife also.

can emotions go beyond law??If  second wife is considered by law who will think and protect the first wife?

in my opinion,the husband is worthless.He's not fit to live with.but he shud not be left scot free for he had performed bigamy.if u adopt "gandhigiri" with him,like many people have advised here,he will set good examples before other married men too,who will illtreat their wives and then dump them for keeps like a......

i guess the 2nd "wife" also can be punished for marrying an already married man.kindly clarify from a lawyer.i think IPC has a provision where the illegal wife can also be jailed for marrying a married man.

so u fight out like jhansi ki rani and send them both behind the bars.they can spend their so-called married life in jail.ensure that they serve the full jail term.dont compromise at all.

afterwards you remarry a nice,compassionate man who believes in marriage sanctity and treats wife as a lifelong companion,& not as a temporary companion who can be replaced at will.

Dear Chandu Sahab / Experts,

You said that it is within 30 days, then there should be no hesitation to conclude that it is illegal marriage :

it it was a interim injunction orders and if the order has been vacated and he remarry when no injunction orders were in force is he punishable its only interim orders not an appeal ?

494 of IPC (Bigamy) on the ground that second marriage is void.: I

IS 494 of IPC (Bigamy) this section applicable to muslims also who governed by personal law?

lost their government employment as it is contrary to service conditions

If the first marriage & divorse performed before joining the govt services and he re-marries after getting govt job and as per shariat law is he eligible for the punishment ?

above all the ex-wife filed a loads of false cases against her husband which proved in the courts that the cases were false and not genuine ones.

Pls reply.

AFTAB

Vaishali. Hi. One thing you should keep in ur mind is that ur husband has even shown the papers of 2nd marriage in the Supreme court even and the same court has not given comment or action on these papers, but merely dismissed his case. He is spending good life with his present wife ( legally or illegally) but u r ruining ur life b'coz marriage is a must part of life and it is very difficult to remain singal/ without husband. So in my opinion u leave these fights of courts and take a mutual divorce from ur husband. Get ur alimony etc. from him. Leave him. Choose another good match for u and live good life and don't ruin ur life  and moreover think from ur mind whether u want to take revenge from ur husband for all this or want to spend ur life in a good healthy atmosphere. U can even adopt any child of ur choice but as well as think of ur own child if u again remarry. Anyway this is my personal view and dont take it on ur heart in anyway. U take ur decision. But mind it  YOU CAN HAVE ONLY TITLE OF MARRIAGE WITH UR PRESENT HUSBAND AND CANNOT FORCE HIM TO RESIDE WITH YOU. but by leaving him and getting remarried u can have new life. Hopefully more good . Try to finish the matter without litigation in courts which takes long years to give any fruitful result and in ur case fruit can come in ur hand when u will get OLD enough to enjoy the married life.Bye sandeep.

Vaishali for further any assistance Contact: Sandeep Aggarwal Advocate. 09041688967. 

I was wondering how many people get jailed because of these IPC's and CrPC's.

Trial for Kasab is going on for so long....Killers of Rajiv Gandhi are still alive...Afjal guru is still facing trial....and this husband will get jailed...