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Husband remarried without giving divorce
02-Feb-2023 (In Divorce Law)
I have been living away from my husband for one year. He has now remarried.But I have no proof(photo and video etc.).He has got registered her as a house servent to take care of his diabetic mother. Both are living with my mother in law in my matrimonial house.I want to file 494 ipc.Can police immediately arrest him? Can he keep a woman as a servent for his ailing mother ? Sir please guide me.
Hi, for lodging of FIR under section 494 IPC , the marriage has to be proved between the two .. However , whether they are married or not is a matter of police investigation and it is upto the police to collect the evidences..It is a bailable offence , so he will be granted bail of gets arrested
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Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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Offence under section 494 ( bigamy) being non cognizable, you cannot get your husband arrested by police. Rather you can file complaint u/ s 494 IPC in the court of law. As far as direct evidences are concerned, the complaint can be pursued on the basis of circumstantial evidences. You can also hire any agency for collecting evidence.
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Adv. Umesh Gandhi
Hisar | 25+ Answers
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Yes he can keep a servant for her ailing mother but he canot remarriage when he is already legally married with you. It’s a crime . Since you are saying that you both are not living together then you should file restitution of conjugal rights and then gether some evidence again him. If you need further advice you may contact me. I deal in matrimonial matters.
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Adv. Ravi Karhana
Gurgaon | 25+ Answers
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Mam,
First of all you have to search any prrof to prove his second marriage. After that police can arrest him under section 494 ipc. Secondly anybody can keep a woman as a servant for his mother or house keeping.
First of all you have to search any prrof to prove his second marriage. After that police can arrest him under section 494 ipc. Secondly anybody can keep a woman as a servant for his mother or house keeping.
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Adv. Om Parkash Saini
Faridabad | 25+ Answers
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