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Marriage with married Girl (Hindu)
07-Apr-2023 (In Civil Law)
I am getting marriage with that girl who are married before one year by forcibly her parents and we getting marriage in court on 1st of April in Court and receiving marriage certificate from court now her parent made complaint in Police station what to do ? We are Hindu and she staying with her parents home from last 1year
As per section 5 of Hindu marriage act there is conditions lays down by the act for marriage.sec 5 sub clause says that neither party has spouse living at the time of marriage.before you getting married to that girl that girl has to take divorce from that boy.now as per you're situation her husband or girls parents file criminal complaint against you u/s 494 of ipc.and you're second marriage is null and void as per act.try to get amicable solution in this matter
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Adv. Siddharth Rajendra Gaikwad
Pune | 25+ Answers
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What is the exception of section 494 bigamy?
Click here to learn more about polygamy and its legality in India. Section 494 IPC applies to all Indians, except for Muslim men. This includes Muslim women. A Muslim man is not punished for bigamy. 17-Jul-2023
Who can file complaint under Section 494 IPC?
The court clarified the fact that Sections 494 495 and 496 IPC can only be used by the spouse of the erring spouse. 03-Nov-2023
Can police file FIR for bigamy?
Section 494 IPC punishes bigamy, which is not a cognizable crime. A police station cannot register a FIR. Bigamy is primarily a result of an existing marriage.
What is a non cognisable offence under Section 494?
The Indian Penal Code, Section 494, exempts a second marriage that is contracted seven years after the departure of the spouse from punishment. Bigamy is not a criminal offence. It can be compounded with permission from the court. The punishment is up to seven years in prison or a fine, or both.
Your marriage is come under void marriage because as per hindu law anothe marriage with a living spouse is said to void ab initio and you both were concealed that she had marriged earlier at time of second marriage. Firstly she need to take divorce from court of law from her first husband and then proceed further.
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Adv. Deepika Ram Mahatkar
Nagpur | 25+ Answers
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One of the conditions of a valid Hindu marriage, according to section 5 (i) of Hindu Marriage Act 1955, is that neither party has a spouse living at the time of the marriage.
Your marriage is therefore a void marriage. Void means from it's inception, from the beginning. In this regard Section 11 of Hindu Marriage Act prescribes this:
"11 Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i) , (iv) and (v) of section 5."
Your wife has married during the lifetime of her husband. Therefore this is a crime under section 494 of Indian Penal Code, which says:
"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."
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.
You may opt for compounding of offence. But do this with the advice of, and after discussion with your local lawyer.
Your marriage is therefore a void marriage. Void means from it's inception, from the beginning. In this regard Section 11 of Hindu Marriage Act prescribes this:
"11 Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i) , (iv) and (v) of section 5."
Your wife has married during the lifetime of her husband. Therefore this is a crime under section 494 of Indian Penal Code, which says:
"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."
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.
You may opt for compounding of offence. But do this with the advice of, and after discussion with your local lawyer.
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Adv. Nahush Surendrakumar Khubalkar
Nagpur | 25+ Answers
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