Second marriage during the subsistence of the first marriage is a crime. However, you need to have some proof while making this allegation. On the basis of whatever material you have, reproach the Gorakhpur police. They'll have to lodge a FIR. However, if they don't listen to you even this time, write to the SSP, Gorakhpur. Needful will be done once you send your criminal complaint vide a registered post to the SSP.
Illegal remarriage of my sister's husband
My sister and her husband were working in bangalore ..however marriage didn't went smoothly and she has filed dowry harrasement case in bangalore .....susequently five years have passed and htere is some rumour that the husband of my sister has remarried in his home town gorakhpur , uttar pradesh ...however gorakhpur police is not accepting the request to file remarrige case against my sister's husband and telling that since your dowry harrasement case is going on in bangalore you file remarriage case in bangalore only ....in this situation need advice that can my sister file remarrige case in gorakhpur or not ?? and need to mention here that my sister is avoiding filing case in bangalore because off late her husband has migrated from bangalore and seems to be staying in gorakhpur only and also it will be practically difficult to persuade bangalore police to investigate the case of remarriage in gorakhpur .... please advice what to do ????
Asked 6 years ago in Family Law
Religion: Hindu
5 Answers
Bigamy is an offence but non cognizable, so the private compliant can be filed by your sister before the magistrate court under section 494 of IPC
Police can not do anything except to file NCR only.because the police can not investigate or arrest him without warrant of magistrate.
Gorakhpur court have power to adjudicate the matter.
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1) if remarriage had taken place in Gorakhpur police complaint under section 494 of IPC can be filed in Gorakhpur only
2) Bangalore would not have jurisdiction
3) engage detective agency and gather evidence of his remarriage
Hello,
Your sister is entitled to file a civil suit in this regard invoking Section 9 of C.P.C. read with Section 34 of the Specific Reliefs Act, for declaring the second marriage as null and void in violation of Section 5 of the Hindu marriage Act. And this case can be filed in Gorakhpur.
Let me know if you need any assistance in Gorakhpur.
Regards
She can file a case in the jurisdictional magistrate court in Gorakhpur agaisnt her husband and his newly wedded wife for the offences of bigamy.
She has to produce evidence for his second marriage during the subsistence of his previous marriage and wife living.
The case is maintainable in Gorakhpur.
