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Person remarries concealing the fact of already being married
05-May-2023 (In Criminal Law)
My husband has cheated on me. He kept me in dark and convinced me and my family for our marriage to happen. He was already married in 22nd Feb 2016 and didn't disclosed this fact with us. Our marriage was not a forced marriage. This match came through my maternal uncle and after that this guy was back of me like anything (July 2016 to march 2017). Finally we got married on 10 th March 2017 and within 6 months of our marriage I started knowing the fact. Please suggest me what should I do in this situation. Any sort of suggestion will be helpful. Thanks
Very unfortunate . You may file civil as well as criminal case against your husband before court of competent jurisdiction and you may get relief from the court. You may also claim maintenance against your husband and the court may award appropriate amount as maintenance.
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Adv. Ravi Bhushan Prasad Sinha
Patna | 100+ Answers
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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.
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
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
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.
firstly you have decide what you want mins you want to continue with him or wanted divorce from him both the option you have ,,,,one thing if your hindu and his first wife is leaving at the time of your marriage then your marriage is void [Ilegal] mind that be very carefully decide what you wanted ,,,,,
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Adv. Wasif Rahman Khan
Patna | 25+ Answers
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This man that you are talking about, already had a wife on the date of your marriage, i.e. 10.03.2017 and therefore, your marriage with him is VOID as per the mandate of section 11 Hindu Marriage Act. Such a marriage can be declared to be a nullity in the eyes of law by the competent court. You should file a suit for annulment of your marriage.
Furthermore, performing a second marriage while your first spouse is living is an offence under section 494 IPC and concealing the fact of first marriage and performing second marriage is an offence under section 495 IPC.
Offence under section 495 is punishable with imprisonment upto 10 years and fine. So you can also file an FIR against him under these two sections.
Furthermore, performing a second marriage while your first spouse is living is an offence under section 494 IPC and concealing the fact of first marriage and performing second marriage is an offence under section 495 IPC.
Offence under section 495 is punishable with imprisonment upto 10 years and fine. So you can also file an FIR against him under these two sections.
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Adv. Avinash Shekhar
Patna | 25+ Answers
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