• Threatened to be part of a illegal marriage.

I have one friend and we were in partnership business but due to some issues we got separated. But at the time of business we have a suit filed against us of trademark and data theft etc from another company in which my friend had been part. Now when I am not part of the company and the suit is seemingly going against us. My friend threaten me of compensate either he will get me in trouble of filing a case from his second wife. First wife doest know about my fiends second marriage and I with another friend was only two person in his second marriage in a temple. Though girl knew that he is already married and he has one son also but still she insisted to marry him. Now I am being threaten that I misguided the girl and concealed the fact that he is married and having a son. And also might be other types of charges which I don't know. 

Please let me know if someone can advice me. What shall I do to avoid any thing against me.
Asked 7 years ago in Criminal Law
Religion: Hindu

9 answers received in 1 day.

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10 Answers

hello,

you cannot be held responsible for the marriage and the fact that your friend was already married when he remarried. your friend did not disclose this to the girl and hence he is guilty of defrauding her. you should threaten him that you will tell his 1st wife about his 2nd marriage. as far as the trademark and other issues are concerned, the partnership agreement has to be seen, but once you got out of the partnership, you cannot be saddled with a liability.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sir you are not responsible if the person married for second time you are not liable to be part of the illegal marriage the friend is responsible and his wife can file case against him for the bigamy. No case can be filed against you for concealing the fact or anything. So he is just trying to threaten you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You cannot be held liable for not disclosing the marital status of your friend to the girl and the person who is responsible to disclose such effect is actually the person is getting married

by committing bigamy.

You also have a option of filing a criminal complaint against your friend for criminal intimidation under section 503 of the Indian Penal Code for blackmailing you.

Regards.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Never bow down to blackmail tactics

2) girl woukd have to file case against her husband too for bigamy as he married her during subsistence of earlier marriage

3) if any case is filed against you apply for and obtain bail

4) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. No case is made out against you. The case, if any, can be filed against the person who remarried during the subsistence of his first marriage. If any false case gets filed against you then you may file a petition for quashing of the FIR.

2. Record your communications with them.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. Concealing your second marriage from his first wife is no crime unless it is proved that you were part of his second marriage in which event you can also be accused of bigamy along with your friend.

2. Since the charge against your friend would be more serious he is unlikely to use his second wife against you.

3. So ignore his threats and rather use his second marriage as a tool for your protection since if the case under section 494 IPC is filed your friend would be the first person who would be arrested , not you.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

This is a simple blackmail and you need not to worry about this any adult person who marries to any person that is his own responsibility and the first wife of your friend can complaint about the bigamy by your friend and the second wife has no legal recognition know about the case if it is lodged on the personal level then you will be responsible and you need to contest properly otherwise if you are not the part of the company the present directors have all the responsibility

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You don't have to worry he is just threatening you. If he files you can contest the same

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Dear Client,

This is very foolish. He is at vulnerable situation bot you. No such case is possible and you cajoled her to marry him have no substance int his allegations. On the contrary, you can threat him that you will disclose the about his second marriage to his first wife. 2nd marriage is punishable offense.

And what ever cases are filed during existence of partnership, partners are responsible, dosen`t matter, even if you quit.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Let them put blame in any manner.

You cannot be a reason for their second marriage.

If at all they file a case you can easily get it quashed .

You can remain silent in the event of being forced to face any pressure in this regard or approach police for the threats they pose.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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