Consultation of case under IPC 496,498,419,376
My brother's first marriage declared as void under sec 12 due to impotency of wife.Marriage was not consumed.No marriage certificate for the first marriage and no hindu riruals take place for this marriage.only marriage take place in temple.Now my brother's second wife filed a case under ipc 496,419,498,and 376.Because the void is declared after second marriage.My brother's second wife is schizophrenic patient and we have all the prove(medical certificates of doctor) and even she know the details first marriage .We have an affidavit where she declared that she know about the first marriage.Now she demanding huge amount of money without any written agreement.we have filed a case under ipc 482 in high court. Now give me suggestion.
Asked in Criminal Law from Kolkata, West Bengal
Please suggest us how to fight ?
Asked 2 years ago
1. Without rituals there can be no Hindu marriage. A marriage performed without rituals has no legal recognition.
2. If your brother married his second wife before the judgment of the court whereby his first marriage was declared as void then he has violated the law. Your brother is accordingly liable to be prosecuted and punished for remarrying in spite of being already married.
3. That your brother's second wife is a patient of schizophrenia does not carve out any defence for your brother.
4. The affidavit signed by his wife can be used in the court to show that she was aware of the first marriage.
5. Since you have moved the High Court the only suggestion we can make is to continue your case and hope for the best.
1. While marrying for te second time, your brother was married to his first wife,
2. So,tye second marriage is void at law,
3. Your brother is not absolved from the offence even if it is proved that his second wife knew about his first marriage which was still in existance,
4. Talk to her and get the matter settled amicably.
1. Settle the matter amicably with his 2nd wife since your brother is not in a legally sound position,
2. Avoid legal fight and go for settlement in your own interest.
argue the matter before HC on your quashing petition with the help of the Supreme Court & High Court Judgments.
Advocate, New Delhi