SEEKING INFORMATION REGARDING BIGAMY (Under IPC 494)

Unfortunately you cannot file a Bigamy case since this section 494 is intended for men who commit bigamy, further you can file a case of adultery but against the person who has married your wife, nothing can be done to her. However, you may seek divorce on grounds of adultery and immorality of your wife. Further her second marriage is also invalid.

Sir, as Vishal sir has told you, the only remedy available for you now is having a divorce under the ground of adultry. And you can also file a case on the person who has married your wife.

Proposition that section 494 of IPC is intended for men who commit bigamy seems to be doubtful.

The necessary ingredients of section 494 are: (1) having a husband or wife living; (2) marries in any case; (3) in which such marriage is void, and (4) by reason of its taking place during the life of such husband or wife.

Bare perusal of Section 494 of IPC does not carve out any exception that it is intended for men only.

Thank you Mr. Sanjeev Kuchhal.

Further I want to know that :- Can a court direct to the Police to investigate the matter as it was in the following case dated Aug 24, 2009 :- Ref: https://www.indianexpress.com/news/woman-booked-for-bigamy/506174/  

A women was booked here on Sunday on charges of cheating and bigamy. Karamjeet Kaur of Rolumajra village in Ropar has been accused of re-marrying a local lawyer’s clerk without legally divorcing her first husband, the investigation officer, Inspector Deepinder Kaur told Chandigarh Newsline.

Ravinder Singh, who recently discovered that Karamjeet had already been married before, in his complaint to the police stated that he married Karamjeet Kaur in 1995 and had two children from the wedlock. Singh, in his mid-30s from Dosarna village near Kurali, came to know nearly fourteen years after his marriage that Karamjeet was married to another person named Amrik Singh.

Karamjeet did not disclose her first marriage before re-marrying, the complainant further told the police. Karamjeet, however, claims that her first marriage had turned sour after a short period and she had divorced her first husband through a mutual agreement reached before the village panchayat.

“Since the said divorce agreement was not legally admissible, Karamjeet and her brother were booked on the complaint of Singh,” revealed the IO, adding that no arrests have been made as yet.

A case under Sections 420 (cheating), 494 (marrying again during lifetime of husband) and 495 (offence with concealment of former marriage from person with whom subsequent marriage is contracted) of the IPC has been lodged.

I also go with Mr Sanjeev having dissenting opinion from Rajeev Sir and Suchitra Ji.

Plain reading of 494 itself shows that there is no differentiation between husband and wife. Both may be liable for Bigamy. Every where word " husband or wife" is used in this section.Please go through the lines.

Generally first police complaint is to be lodged and in case police does not file the complaint only then you can approach the Court for getting the directions for investigation.

Hi, everyone, Thanks for correcting me.

Thakur saab, jo chala gaya wo apna tha hi nahi.... forgive and forget and start leading life anew.

" DIL TO BACHA HAI JI"

A married man left his legally married wife and started living with another woman. Over the number of years they got children also.

The question I post for all the legal brains and experts are can the SC's observation and judgements holding that long term live in relationship akin to marraige and marraige if nothing against to prove it exists can be used as the prosecuting and proving factor for a case of IPC 494 if the husband and the lady are proved to be in long term relationship akin to marraige living with all factors pointing towards marraige between the parties??

The legally married wife traced her husband and the proofs obtained were--

1.) Admission form of the child of the parties with the name of father as her husband, name of mother: the second lady and the occupation of the mother(2nd lady) of the child as "Housewife"

2.) A 161 CrPC chargesheet against the relative of the wife who had gone to check, who was booked on a criminal case of beating the husband, obviously to tharft of efforts of exposure. The witnesess in the chargesheet though have claimed that the relative had done "mar-peet" with the husband they have also stated that the husband lived along with the 2nd lady as a family and they have children.

What is your respected opinion on this matter? Many ladies like this suffer. They deserve justice.

Regards,

Jayesh Kumar

I do agree with sanjeev.

But it is a non cognigible offence so FIR could not be lodged. and as well as investigation by police can not be conducted.

You must file a complaint to competant magistrate. The trial would be held like warrant trial other than police report manner.

So  I suggest you engage a good criminal lawyer. Give statments of witnesses who saw second marriage of has seen the couple living togather like husband and wife. some documentry evidence may help you like ration card, marriage card, hospital record of newly born child (from second marriage), and other records in which she ever mentioned the name of new husband. 

And you can collect direct evidence by audio video recordings of confessional statements of them.

best of luck...

My wife desserted me and married to another person without divorce. They have a bady in their invalid  wedlock. But I do not have any proof of Second Marriage of my wife.

---   HERE 494 & 497 BOTH APPLICABLE.

BUT ONE CAN NOT BOTH THE CASES SIMULTENEOUSLY.

HE HAS TO CHOICE EITHER 494 OR 497.

IN 494 ACCUSED WILL BOTH THAT MAN AND WOMAN.

IN 497 ACCUSED WILL BE ONLY THAT MAN AND NOT THE WIFE.

But proofs will be needed to proove it. Can someone tell which proofs u will need. Also, I do not understand that if there are no proofs and bigamy not proved, then how they can declare it as Null and Void ?? can some expert comment please !!

For the offence of bigamy u/s 494 of IPC, the proof of second marriage is required whereas for offence of Adultery u/s 497 of IPC complaint has to prove that accused has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of complainant without the consent or connivance. Living together with accused  and having a baby from the accused is I think sufficient evidence.

Regarding the question that if there are no proofs and bigamy not proved, then how they can declare it as Null and Void it is to be understood that appreciation of evidence is different in criminal and civil trial. In criminal strict proof is required whereas in civil it is preponderance of probability. Like in service law in many cases  employee is acquitted in criminal cases on benefit of doubt but is punished in departmental proceedings.

Ms Dave,

To prove bigamy, you require the proof of valid marriage. However to start prosecution, long cohabitation is only to be shown. (Afterall the case is not proved at the time of filing only).

Regarding it being null and void, the question arises, for two reasons. 

i) Legtimacy of Children.

ii) Liability of Husband to maintain second wife.

In case of valid marriage ceremony though declared null and void, the man can not wash away his hands from these responsibilities.

Adultery is a diffirent section, I am not getting into at this point in time.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com