Legal Question in Criminal Law in India

Respected Experts, I filed a mutual divorce in march but before the final hearing my wife got remarried (May be july-Aug) with some other guys and left for US. This I came to know through social network and some of her relative. Can I file a bigamy case against her and her second husband.Second marriage can be made void and null.


Asked on 10/15/11, 11:57 pm

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

On the date fixed, if she does not appear, you may insist for ex parte divorce, if she does not appear for making a statement. Why you want to delay divorce, once you have consented for the same? Any further litigation will be delaying your divorce; and cost you money. You should consider bigamy or challenging her second marriage.

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Answered on 10/16/11, 3:36 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, if she married without obtaining divorce, she would be liable for bigamy and the offence carries a punishment of seven years. you may seek help of a lawyer for filing a complaint of bigamy. the complaint cannot be filed against the second husband but the marriage surely is null and void.

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Answered on 10/16/11, 7:05 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

only if you can prove her second marriage then file bigamy.

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Answered on 10/16/11, 11:04 pm
Sanjay Kalra Sanjay Kalra & Associates

Bigamy is the only option if you want to teach her a lesson. The 2nd marriage without Divorce is null and void.

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Answered on 10/17/11, 12:07 am
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 10/17/11, 1:56 am


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