can i file a case of Bigamy against my wife?

i am my wife's 2nd husband. i came to know that she is not legally separated from her 1st husband. can i file a case U/s 494 IPC against her. DCP has rejected my complaint. i have filed a case with magistrate as well. please help

Answers (3)

272 votes

First Husband can file bigamy with solid reason and proof , you can file a case on the basis of fact concealed by her about her first marriage , as during the validity of her first marriage, legally your marriage is void .,.,this is the ground for first husband,.,.,.

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163 votes per section 198 of cr.p.c aggrieved person of section 494 i.p.c may file comlaint but it is not law that only first wife and husband be aggrieved person.the second wife a nd husband may also be treated as aggrieved person and complaint filed by second husband or wife is tenable held by apex court in subash babu v/s state of A.P 2011(7)Ssc 616.

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340 votes

Hi. Your initiation of criminal process depends upon the knowledge of factum of first marriage pf your spouse. And the time when dis fraud was discovered by you. If you can send the copy of the application moved by you to DCP. Then after going through its contents only then I can guide you properly. Regards.

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