630+ Lawyers are online 
Second marriage by wife without divorce what legal action can I take
27-Mar-2023 (In Divorce Law)
I am hindu. I got married in august 2016. It was an arranged marriage. My wife lived with me for only 5 days. She told me that she wants to go to her parents house for 2 days. I said ok. As she reached there she switched off mobile phone. After 2 days her family started false allegations agaist me and my family. We were shocked. My all relative tried to talk to her. But she and her family didn't respond. Then they asked for huge money as compensation. But we didn't give them money. Last month her neighbor told us that she have secretly married to someone else. How can i prove it in the court about her 2nd marriage? I dont have any proof. She is not there at her parents house from last month.
Make a missing complaint in police. Ask police to trace her. In the inquiry they will hve to submit her whereabouts. If police are unable to trace file habeous corpus writ. In this manner the truth will be out and she will hve to give answers.
Helpful?
40+
40+
Adv. Swapna Kode
Mumbai | 25+ Answers
CONTACT NOW
appoint some private detective and collect all evidence that she is married with that person or she is illegally ( without giving divorce to you ) staying with that person, then file a police complaint against that person that he is induced or enticed your wife ... details of that section as per follows
Section-498- Enticing or taking away or detaining with criminal intent a married woman “Whoever takes or entices any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.
These laws were drafted in 1860 when India was under British rule and the condition of Indian woman was pathetic. During those periods, a man could’ve several wives and women were socially and economically dependent on men. Women were treated as an object and considered the property of men. Thus, while drafting the laws it was presumed that women are hapless victims, not capable of committing such an offence, instead, it must be a man who will entice her and involve her in an adulterous relationship. But these laws definitely treat a man and a woman unequally in the institution of marriage. According to these laws:-
1. Man is always a seducer and the married woman just an innocent and a submissive victim.
2. Wife is no more than a chattel to her husband and a third person had committed the crime of intruding upon his marital possession by establishing a physical relationship with his wife.
3. Only the husband of the treacherous woman (or a person who had care of the married woman) is a distressed party and he is liable to file a complaint against the third party.
4. There is no provision in the law for a woman to file a complaint against her adulterous husband. If a married man commits adultery with an unmarried woman or a widow or with a married woman with the consent of her husband, his wife is not regarded as an aggrieved party and she is not permitted to make any official grievance against her husband.
Considering the changes our society has witnessed in recent times, the Indian penal code must revise these laws and upgrade them keeping in mind the equality of men and women and enabling women to have more freedom and liberty in making their choices.
Section-498- Enticing or taking away or detaining with criminal intent a married woman “Whoever takes or entices any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.
These laws were drafted in 1860 when India was under British rule and the condition of Indian woman was pathetic. During those periods, a man could’ve several wives and women were socially and economically dependent on men. Women were treated as an object and considered the property of men. Thus, while drafting the laws it was presumed that women are hapless victims, not capable of committing such an offence, instead, it must be a man who will entice her and involve her in an adulterous relationship. But these laws definitely treat a man and a woman unequally in the institution of marriage. According to these laws:-
1. Man is always a seducer and the married woman just an innocent and a submissive victim.
2. Wife is no more than a chattel to her husband and a third person had committed the crime of intruding upon his marital possession by establishing a physical relationship with his wife.
3. Only the husband of the treacherous woman (or a person who had care of the married woman) is a distressed party and he is liable to file a complaint against the third party.
4. There is no provision in the law for a woman to file a complaint against her adulterous husband. If a married man commits adultery with an unmarried woman or a widow or with a married woman with the consent of her husband, his wife is not regarded as an aggrieved party and she is not permitted to make any official grievance against her husband.
Considering the changes our society has witnessed in recent times, the Indian penal code must revise these laws and upgrade them keeping in mind the equality of men and women and enabling women to have more freedom and liberty in making their choices.
Helpful?
29+
29+
Adv. Santosh Suryarao
Mumbai | 100+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
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."
