• Without my divorce my wife is getting married

Respected Sir/Mam,
I Syed Pkareem Najeeb From Mumbai., Me And My Wife Got Married in 28/02/2017. In Muslim Way Nikka Was Done. Now We had Some fight with my wife and my mother in law take her away then put police complaint on Me. Later Police was torturing me not to go and see my Wife or call her.it has been Two half Months. Now in facebook her father,mother and she ( wife) published marriage invitation which is on 9/06/2019.i have send them Lawyers Notice still their is no Response when ever I call Them police is torturing Me. Please Help me out what is the Solution for this. It's An Humble Request Sir/mam.
Asked 6 years ago in Family Law
Religion: Muslim

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16 Answers

You can file a complaint of bigamy if she marries without a legitimate talaq from you

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Second marriage by wife during subsistence of earlier marriage is void 

 

2) you can file  case of bigamy against wife under  section 494 of IPC if she remarries  during subsistence of earlier marriage 

 

3) you can file petition in family court for RCR seek injunction restraining wife from contracting second marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If your wife contracts a second marriage without divorcing you, report this to the Police since bigamy is an offence in India. 

Marrying again during lifetime of husband or wife is punishable with imprisonment of either description for a term which may extend to seven years.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Write to the Commissioner of Police and keep a copy. Also, do mention about the Police torturing.

Your advocate can approach the court if the police do not take any action.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

You can file the complaint to superior police officer and also file complaint before magistrate and seek orders under 156(3)  crpc

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No need to bow down to pressure tactics 

 

2) complain against police inspectorto commissioner of police for threatening to file false case against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The act of your wife of getting married again during the the subsistance of your first marriage is illegal and the second marriage would be void as per law.

You can file a complaint against your wife with the police, for the offence of bigamy under section 494 of the Indian Penal Code, if she remarries again.

If police is not taking your complaint, you can file a complaint with the senior officials of police under section 154 3 CRPC.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

However, if the senior officials of the police also fail to take any action, you will have to to file a petition under section 156 (3) CRPC to a magistrate in order to get FIR registered and investigation audit in this case.

You should also inform the senior officials of the police that the police inspector is threatening you to implicate in false criminal cases and request them to take action against said Police officer.

Alternatively, private complaint can be also filed against her in Court, without giving any complaint to the police after her second marriage is solemnized.

 

 

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1) If this is inter caste marriage than you can make complaint under Special Marriage Act that wife's is going to perform marriage.

2) If police is not taking your complaints than you can visit to Police Commissioner office, Mumbai.

3) Otherwise file case in the court and get order from court, that police to take complaint.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

I*f police is troubling you and asking you to not to talk to her or go to her residence, you may issue a legal notice to the concerned police to not to interfere in the matter between a husband and wife and not to issue such threatening notices.

If at all they have any complaint before them let them take action legally which you can face them as per law.

If your wife is marrying even before dissolving her marriage with you then you can file a private criminal complaint against her under section 494 IPC  for the offences of bigamy, because Muslim woman cannot marry another person while their previous marriage is subsisting unlike Muslim men.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the police is not accepting your complaint against her then you may approach the top police officer with a similar complaint seeking direction to the concerned police to initiate proper legal action on your complaint.

If there is no response even for that you may approach judicial magistrate court with a complaint under section 156(3) cr.p.c. seeking direction to police to initiate proper legal action on your complaint pending before them.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As per muslim personal law without divorce women cannot perform second marriage.

you can file a case before concerned court to register an FIR against wife and father in law. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client 

you should make a police complaint against your wife if she is marrying again which is punishable by Indian Penal code under section 494. 

if police doesn't listen to you and not filing your complaint as it is a non cognizable offence.  You have to make NCR(Non cognizable report) with police and then you should file a criminal complaint against your wife and her family members under section 494,34 IPC. It will help you to get station her new marriage.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can take a urgent hearing in this case.  Even if she gets married it will be a illegal marriage in eyes of law

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can file petition and seek stay restraining your wife from getting remarried 

 

rely upon invitation card of her second marriage 

 

3) it may take a week to draft , file petition and obtain stay orders 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you have a confirmed news about her second marriage before dissolution of her subsisting marriage, then you may wait for the moment that she getting the nuptial knot tied on her after which you can pounce on her with the help of police about this on the spot or gather evidence about her second marriage and then file the bigamy case under section 494 IPC against her and her husband before the jurisdictional magistrate court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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