Bigamy
5 years ago
After a long struggle and harassment I got divorce from my wife. She has spoiled my life. My question is as following.
Question. After divorce she has remarried a person whose wife is still live. I would have no problem of her marriage if she married away from my home. She married the person of my village. His 1st wife is still a live but suffered with untreatable illness. As per section 494 no one can marry if spouse is alive or not divorced.
Can I file case against that person for bigamy? If yes, what proofs should i produce of his 2nd marriage.
Regards
Chaman
Adv Shrikiran B
Responded 5 years ago
As you are divorced now, you do not have any relation with your ex-wife and also you do not have any locus standi to file any case against the person she married. Only the person's wife who your ex wife has married or the parents of that woman can file case of bigamy against that man.
Chaman Dutt
Replied 5 years ago
Sir, I agree with your words, but now question is then why does law says 2nd marriage is illegal even consent of 1st spouse. It does not means what spouse says, it only means what law says. Else It means it is acceptable of 1st spouse is agreed.
My 2nd question is if it is illegal as per section 494 of IPC then why can't one file case in court to let them know the person has violated the law.
Mohd Imran
Responded 5 years ago
Bigamy is a private wrong. Its not a public wrong. So u cant file comaint against her
Chaman Dutt
Replied 5 years ago
It means with consent of 1st spouse 2nd spouse can't violate the law of bigamy.
Ashish K Dongre
Responded 5 years ago
Chaman Dutt
Replied 5 years ago
Then why does law says if spouse is alive can not get 2nd marriage in Hindu marriage act? It means law accept 2nd marriage with consent of spouse.
I have Google and read that in Hindu one can no get 2nd marriage even with consent of spouse. Nothing means what spouse says , it only means what law says.
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