If a divorced mam married to un divorced woman, knowing the fact, on what ground or section he can be penalized
2 years ago
If a divorced mam married to un divorced woman, knowing the fact, on what ground or section he can be penalized for
Under Section 498 of IPC and he may be booked as follows:
Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason 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.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The law prohibits getting married to an already married woman. For doing that, the girl needs to get a divorce decree (judgment) from court first and thereafter she'll be eligible for getting married again.
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It would be a crime if a married woman stays in a live-in relationship with another person without ending her marriage. And the person living in such a relationship with a woman will be considered a criminal under Section 494/495 of the IPC and also would be regarded as bigamy which is invalid in Hindu Law.
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A.First of all a man when marries a woman who is still married to another man then this marriage is not valid in the eyes of law.
The man can be booked under the Section 493 of IPC as well as Section 498 of IPC.
Section 493 in The Indian Penal Code
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.—Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason 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.
Vaidehi Samant
Responded 2 years ago
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Under section 494 of Indian Penal Code,1860,as amended up to date,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.
In a recent judgment, the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later.
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