• IPC on 2nd wife of husband

Husband of my sister has married another women without giving her divorce. i am going to register police case against him. please provide me any section of IPC which can be charged on husband and any IPC which can be charged on 2nd Wife. thank you
Asked 2 years ago in Family Law
Religion: Hindu

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16 Answers

case of bigamy can be filed by your sister against her husband/ his second wife under section 494 of IPC for getting married during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
75887 Answers
4536 Consultations

5.0 on 5.0

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.

Ajay Sethi
Advocate, Mumbai
75887 Answers
4536 Consultations

5.0 on 5.0

Under section 495 IPC you need to lodge a complaint. But please note that you cannot lodge a complaint the complaint has to be lodged by aggrieved person in this case your sister against her husband.

She cannot.lodge complaint against other woman for bigamy.

Swarnarka Chowdhury
Advocate, Mysore
1874 Answers
5 Consultations

5.0 on 5.0

You may complaint in section 494,495,497 of IPC for adultery and section 17 of Hindu Marriage Act for bigamy. Similar sections should also be imposed and the wife if she is also married otherwise section 17 of Hindu Marriage Act should not be used for this purpose

Vimlesh Prasad Mishra
Advocate, Lucknow
6556 Answers
20 Consultations

4.9 on 5.0

You can charge the following sections:

1. 498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

2. 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.

3. You can also file case under Domestic Violence Act;

4. You can also file for divorce and claim compensation from him for the mental agony caused to your sister.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
3 Consultations

5.0 on 5.0

Dear Client,

No case made out against 2nd wife but Husband u/s 494 IPC and if he is govt. employee, removal from job.

File case of Domestic violence, Maintenance, residence, compensation, alimony etc.

Yogendra Singh Rajawat
Advocate, Jaipur
19394 Answers
25 Consultations

4.5 on 5.0

1. Getting married without divorce is a crime and for this you can lodge complaint under section 498A, 406 , 494 IPC.

2. If you lodge such complaint the Police can register FIR and on this basis they can even arrest your brother in law.

3. This charge of bigamy applies against his second wife a well.

Devajyoti Barman
Advocate, Kolkata
20252 Answers
286 Consultations

5.0 on 5.0

Section 494 IPC Offence of Bigamy i.e. marrying another when the spouse is living and not divorced.

No offence is made against 2nd wife. she may be unknown with this fact. bigamy is a non-cognizable offence and bailable also. it is compoundable also in case of compromise between the parties. Police will arrest only on the order of Judicial Magistrate.

Mayank Srivastava
Advocate, Allahabad
61 Answers
16 Consultations

5.0 on 5.0

Dear,

u/s 494 of IPC your sister can file complaint against her husband for bigamy.

under this section if convicted, to a fine or seven years of imprisonment, or both,

being a non-cognizable offence.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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.

There wont be any charges on second wife under offence of section 494 only husband can be charged in your fact and circumstances.

Shubham Jhajharia
Advocate, Ahmedabad
24929 Answers
99 Consultations

5.0 on 5.0

Hello,

The Fir will be lodge under section 494 of the IPC which reads as follow:

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.

Regards

Anilesh Tewari
Advocate, New Delhi
17741 Answers
290 Consultations

5.0 on 5.0

This is a case of bigamy and section 494 IPC is attracted in the present case.

Lodge a FIR against this husband under section 420, 494IPC.

Vibhanshu Srivastava
Advocate, New Delhi
8969 Answers
161 Consultations

5.0 on 5.0

Your sister can file a criminal complaint directly before the jurisdictional judicial magistrate court under section 494 IPC for the offences of bigamy against her husband and the second wife.

T Kalaiselvan
Advocate, Vellore
65860 Answers
860 Consultations

5.0 on 5.0

Section 494 for bigamy, and he would gone for ever in the jail.

Please, do that as it is for the society to put such kind of persons behind the bars.

Sanjay Baniwal
Advocate, South Delhi
5261 Answers
12 Consultations

5.0 on 5.0

You can charge him for bigamy and adultery for affair during his earlier Marriage.

Prashant Nayak
Advocate, Mumbai
19717 Answers
36 Consultations

4.4 on 5.0

the second wife shall be not charged but the husband can be charged with offence under section 494 for BIGAMY, 406 of breach of trust and if some act of violence or torture has been inflicted , then other relevant provisions may be charged.

Aameer Kale
Advocate, Greater Mumbai
7 Answers

4.0 on 5.0

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