LawRato

Concealment of fact of Previous marriage


06-Nov-2023 (In Divorce Law)
Is there any punishment to wife for Bigamy IPC 495, actually she concealed the fact of her previous marriage and she marry again without divorce. Can I get my ornaments which had been given to her in marriage, if my marriage is Null and Void and will she be punished in IPC 495 and 420.
Answers (4)

Answer #1
662 votes
Hello You firstly should file a criminal complaint againt your wife for extortion and cheating under the IPC. You will definitely get all the jewelry and money back. simultaneously you have to file a Petition seeking for annulment of your marriage as it is a null and void marriage.
Helpful? LawRato LawRato
Answer #2
629 votes
Yes section 494 IPC is gender neutral and even applicable to the wife. She can be prosecuted under section 494 r/w 495 IPC and can be convicted. Without divorce second marriage is an offence under section 494 of ipc. . Section 17 Hindu marriage act says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.
Helpful? LawRato LawRato
Answer #3
789 votes
Yes...bigamy is a punishable offence with an imprisonment of 7-10 years depending upon the facts and circumstances of the case. And as far as the jewellery and to declare the marriage as null and void you need to approach the court under section 11 of HMA.
Helpful? LawRato LawRato
Answer #4
708 votes
It is the matter of trail to prove whether she has hid the facts of her first marriage or not …but in case she has not take divorce from first husband before marrying you then she will definitely be accused for bigamy. And she has to return everything. U need to hire expert advocate in this case
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."