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Payal Jain (Wife)     08 April 2013

Please help my husband from bigamy charges

Please help us with our situation.

I am 32yr old woman who got married last year in Jan 2012.This is a love marriage and my husband he was living in France for the last 10 years.He was married to a French lady and he got officially divorced from her in April 2012.

Our situation is like this as i fell in love with my Husband when he was separated from his French wife and the divorce was almost finalised in Sept 2011 so we arranged our marriage to be held in Jan 2012 in India.Due to some issues the divorce procedure took long and our marriage dates were already finalised which we could not change and i forced him for the marriage and we had a Hindu ceremonial marriage.My family was not aware about his former relation and my elder brother Insisted us for marriage registration to which my husband hesitated.Now my brother recently came to know that he was previosly married and got Divorce after our marriage so he is threatening with a lawyer to sue him for Bigamy or he pay him a huge sum.

I have requested my brothers not to but he is not listening so what should i do as it was nor my husbands fault and we were not aware that something like this could happen.Now my husband is not talking to me and he has moved to Canada and i am living in India.

Please help and let me know how i can save my husband from Bigamy charges.



Learning

 6 Replies


(Guest)

@Author,

No problem. Your brother will not press charges for bigamy.
Your marriage is void ab-initio as there was a wife living and the first marriage was subsisting during the time of your marriage and hence your marriage has no legal binding. His first wife is the aggreived person and she had the oppurtunity to press bigamy charges againist your husband. You will only be considered as aggrived person w.r.t section 375 and not for bigamy. But then section 375 doesnt apply to you as you are willingly enterred into the wedlock.

I would suggest you to leave aside all these legal complications and get married to him again now to keep your marriage sane from all legal complications.
(or)
You file for void and null marriage immediately. Your brother has no legal stand except a right to file an FIR but that will fall flat and gets dismissed in your absence at the prosecution.

Payal Jain (Wife)     08 April 2013

My brother and father are threatening me and forcing me to file bigamy charges against him also to deny that i was knowing anything about his marriage.I also don't want to go against my family in court.

 

I know my brother is asking for some 2 crore so he is after money.I know neither my brother or my father having any proof about his previous marriage other than from a friend of my husband but i came to know that his lawyer was talking of something called Rogatory letter to get proof from France about his first marriage and file Bigamy charges.Is that really so easy to get such information which is not available in India ? I read that for bigamy he will be put behind bars for 7years which i don't want.


(Guest)

@Author

Its your husband who should be worrying and approached you for help. Why are you so worried? First let him understand what you are and how much you love him. Dont do anything for free!!

After marriage husband should be given the first priority. Good that you have taken right stand and dont let your parents spoil the beauty. Keep them away.

Mail this weblink to your husband and make him understand the situation.

Nitin (Law)     08 April 2013

Your loving brother and father should be more worried about you.In this case you are second wife and if your husband is in good terms with his French ex and she is in position to file Bigamy against you and your husband in which case you will also have to go to jail and you will be equal partner in this crime.

 

Now your family needs to decide how far they would like to go.

Sudhir Kumar, Advocate (Advocate)     24 April 2013

HAVE YOU CONSIDERED GIVING  FIR AGAINST BORTHER


(Guest)

1. Record your brother and father's threats. File extortion and criminal intimidation cases against your father and brother.

2. If there are ancestral properties in your father's name, Claim them under hindu succession act.


After these cases, they will not think of doing any harm again.


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