Legal Question in Family Law in India

IPC125 and 498

My wife was already a married women at the time of my marriage. this fact was not told to me. after 1 year of my merrage I come to know about this fact that she is some one else wife too.when I asked her about this she left my house. I have filed a case of bigamy on her. can she ask money for her livings under 124 when her previous husband is also alive and not divorced yet. can she file false 498A on me even though she is the defaulter.


Asked on 2/13/08, 9:31 pm

4 Answers from Attorneys

Re: IPC125 and 498

No,she can not.She is not your legally wedded wife.File suit for declaration for getting your marriage null and void.

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Answered on 2/14/08, 11:46 am
Sachin Sangare Private Practise

Re: IPC125 and 498

Please check whether you have filed a bigamy or adultery case. First of all get cogent and tangent proof that your wife was already married, than file a petition in the Family court for nullity of marriage. For your questions regarding maintenence u/s 125 of CRPC,& 498-A case, she can very well file the same, but you have to contest and prove that she is not your wife. It will be very hard difficult and long legal battle for you to contest but if you act on my first advice you can win all the cases.

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Answered on 2/13/08, 10:02 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: IPC125 and 498

If you have solid proof that your wife was already married then you may proceed to the family court and file a petition for nullity of marriage. And the question you asked wheather she can sue you u/s. 125 and 498-A she can file but if you prove that she is not your wife she wont get a penny. I would advice you to bring the proof.

Please contact me in case of need.

Professional charges are applicable.

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Answered on 2/13/08, 11:20 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: IPC125 and 498

there is no question of 498-A/125 against you;

however, you need to register a case of fraud also to protect your interests. make sure that you or your family was not informed about her previous marriage; or that she may have got divorce from first marriage;

the 2nd marriage is void if the first marriage was not dissolved in law.

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Answered on 2/14/08, 5:38 am


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