Anonymous
Asked August 27, 2016

Second marriage

  • 4 Answers
  • 1073 Views

Dear sir, My sister loves one person for the last 3.5 years . that guy is already married and have 3 years old child. We don’t know anything about his family details. When we started to enquire about his famiily deatils he itself came to home and said he has a family with girl child and everything my sister knows before itself. Only beacuse of her support and statement he proceed to love her. We asked with my sister that wheater is it all true, she said yes its all true and i knows before itself but i love him that much as she said. We don’t want to allow her to marry him. We don’t like him also. Now he is giving pressure for us to marry her. He is saying he lost his marriage life for the past 3.5 years only because of my sister wordings like he said. He is saying he spend more money and time for my sister for these days. We don’t know how to proceed with this. If we give complain means my sister will says she knows everything then only she encrouge him to proceed to start life with her. If she says like that what we need to do. Is there any possible way for giving case under bigamy against him onbehalf of my sister and if she is not accepted for this then what step we need to take further.

Answers 4

See every case has its own merits and circumstances but everything depends how well the case is presented and twisted and get you the perfect remedy.

Second marraige without proper divorce through legal means is not valid and punishable under law 

a person can be punished for marraying again during the lifetime of a spouse and maraige can be stop, 

There are Multiple option available to you

Such as Police complaint , cases etc 

 

I assure there is nothing to be afraid for  and we can take many steps which will safeguard your future, mental trauma etc from many hurdles.

Please be free to contact then we can discuss in details.

Advocate Ashok Yadav {B.M.S., LLB (Mumbai) LLM –London(UK),}

 

 

Regards

Agree Comment 0 Agrees almost 4 years ago

Sir,

I think your sister is just wasting her time. Moreover she has now to be strong enough to file complaint against him. But a case of bigamy can be filed only by the man's wife n not your sister. 

 

Regards,

Adv. Shilpa Naik

Agree Comment 0 Agrees almost 4 years ago

Making love is one aspect and marriage is another aspect. He cannot legally marry your sister unless he gets divorced his first wife. If your sister feels herself cheated, she can bring the allegation of physical relationship established by him making false promise of marriage to her and hiding his first marriage. A suitable Police complaint can be made for non-bailable arrest of the accused.

Agree Comment 0 Agrees almost 4 years ago

If his first marriage is still valid and without seeking divorce if he marries the second time, it will be bigamy. Please explain your sister that she will not get the status of a wife if the first marriage is also subsisting. If the case of bigamy is filed, she can be charged for abetting the offence as she is a willing party to it. In case your sister is less than 18 years of age and if he tries to take her away then you can file a case of kidnapping against him. The relevant provisions have been provided below for your reference.

Section 494 in The Indian Penal Code

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 description for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

 

Section 107 in The Indian Penal Code

107. Abetment of a thing.—A person abets the doing of a thing, who—

(First) — Instigates any person to do that thing; or

(Secondly) —Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(Thirdly) — Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to dis­close, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.

 

Section 361 in The Indian Penal Code

361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.

(Exception) —This section does not extend to the act of any person who in good faith believes himself to be the father of an ille­gitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.