Marrry without give divorce
4 years ago
Dear sir good morning.... My sister married 9 year ago but her husband marry again without give divorce we fill complaint in court 1 year ago and court send this complaint to police station for investigation but police force us to take back complaint and not submit this report in court this complaint still pending from 1 year.... What we do know please help
Pavan kumar Gudipati
Responded 4 years ago
A.Please update this information to the Judge. You already taking the help of PP ( Public prosector), your case already in court, any allegation must be proved. Marrying another is crime /offense of Bigamay and 7 years jail .so court will check the truth. Please consult local lawyer, in court proceedings, they can guide you more.
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Jagannath S Pawar
Responded 4 years ago
A.Approach Court of your jurisdiction
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Adv Sonali Kulkarni
Responded 4 years ago
A.Initiates bigamy case if the hindu law applies to your sister
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A.Dear Sir,
You may approach any local advocate and see that private complaint under Section 200 Cr.P.C. may be filed and definitely he will be punished as per following section.
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Section 494 in The Indian Penal Code
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.
You may approach any local advocate and see that private complaint under Section 200 Cr.P.C. may be filed and definitely he will be punished as per following section.
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Section 494 in The Indian Penal Code
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.
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