About Bigamy by my wife About Bigamy by my wife

4 years ago

I am Hindu. My marriage was held on Feb, 2018. Without registering my marriage my wife goes first time back to her home and never come till now. At end of April, 2018 we divorced on Rs. 100 notary paper. She married again in December, 2019. I know that I can file IPC 494. But if I file ipc 494 do I need lawyer or that case will be govt. Vs my wife. What is the procedure to file IPC 494 on her?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
It is purely State case and if police do not register your case then you have to file private complaint under Section 200 CrPC through advocate before Magistrate.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 4 years ago

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A.Hi client,
As you are divorced before her second marriage you cannot file a case under section 494 IPC.
It will not apply -
• if the husband or wife of the first marriage is dead or
• if the first marriage has been dissolved by a decree of divorce or
• the former marriage is void or declared void by a decree of nullity
Thank you
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