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Family problem
3 years ago
Hi sir/madam ,
I need advice and suggestion what I need to do in the below case my father was improper and being a father for other family too but not married to second one don't know what relationship it is ...my father is govt staff I need your opinions what I need to do to get father entirely from them he is almost ready but second relationship family keeps blackmailing please help to provide all your suggestions
A.You mother can teach him a lesson. Ask her to lodge complaint saying it is second marriage.....
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Penal Code, 1860
Section 494. Marrying again during lifetime of husband or wife. — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Hindu Marriage Act, 1955
Section 17. Punishment of bigamy.—Any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.
Classification of Offence
The offence of Bigamy is non-cognizable (except in State of Andhra Pradesh). Also, the offence is bailable (except in the State of Andhra Pradesh).
Please give me Rank 5 if you feel my answer helped you
======================================================
Penal Code, 1860
Section 494. Marrying again during lifetime of husband or wife. — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Hindu Marriage Act, 1955
Section 17. Punishment of bigamy.—Any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.
Classification of Offence
The offence of Bigamy is non-cognizable (except in State of Andhra Pradesh). Also, the offence is bailable (except in the State of Andhra Pradesh).
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Rameshwar Dadhe
Responded 3 years ago
A.Your father can register complaint against such blackmailer . You can't do anything.
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A.Your question seems to be a bit incomplete... as informed we are only come to know that your father is handling two families and and what kind of blackmailing he is doing it is still not known .. OR exactly what do you want do let us know and accordingly we can help you out with the legal solution. You can provide him with 2 way phone recording system & you can listen to his calls & recordings. After having some proof we can take some legal action.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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