Husband did second marriage without taking divorce from first wife


Husband filed divorce u/s 13 hma which is pending. Remarried with out getting divorce. Wife filed complaint u/s 494 ipc, proms facie husband and new wife are summoned and bailed . Now the girl is pregnant . Q:- can the first wife request the court to conduct medical examination of the second wife ? Will the court allow such examination?

Answers (3)


57 votes

What purpose would it serve to prove whether she is pregnant or not. As the fact is that your husband has committed the offence of bigamy and shall be responsible for the offence even if the second wife is pregnant. You need to ascertain the reason for going out for such a test. It is not required in your case. Incase you are considering for your husband to be arrested and not given bail then you can file an application in the court stating that they are trying to mislead the court by stating falsely about the pregnancy but you should be certain yourself that whether its false or not.


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319 votes

Court will be very reluctant to allow this kind of examination. In any case this examination is of no consequence since all you are required to prove is the second marriage of the husband and pregnancy does not prove marriage. Please focus on finding evidence to prove his second marriage.

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263 votes

During pendency of divorse petition the husband can not marry. He has committed the offence not only under Sec494 IPC but could also be prosecuted for committing offence u/s 495/496 and 498-A also
once the case is admitted of marrying to another woman during the pendency of divorse proceeding, for what purpose the first wife want to file an applicatication for medical examination of the second wife
Neverthe less such application can be filed disclosing the purpose she wants to derive

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