What rights does a man have incase a woman has committed bigamy by misleading him that she is divorced and then after a 8 year relationship ditched him ruthlessly in favor of the first husband for monetary gain, causing mental torture and severe agony to the man.
What sections of law apply and what course of action should be taken to address this.
1) husband can file case of bigamy against wife under section 494 of IPC if she married you during subsistence of earlier marriage
2) it is punishable with imprisonment for upto 7 years
3) you can also file complaint of cheating against her
4) you can also file for declaration that your marriage is null and void
A criminal complaint can be lodged against her with the jurisdictional police for the offences of marrying again during the life time of husband (bigamy) in which case such marriage is void by reason of its taking place during the life of such husband, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. In addition the complaint can be drafted in such a way that offences of cheating, criminal intimidation also are tenable. On the whole, a complaint implying sections 494, 420, 503 and 506 of IPC may be lodged with the jurisdictional police. If the police appears to be reluctant/lethargy, the matter can be escalated to the higher police official of the district, if that also fails to invoke proper response, a petition u/s 156(3) of cr.p.c. can be filed before the local judicial magistrate court along with the complaint implying all the refered sections including blackmailing and threats to life seeking direction to police to investigate and register FIR against the culprit and initiate proper legal action against them.
If the woman is divorced and remarries a man, then that does not amount to bigamy. However during the second marriage if she keeps a relationship with her first husband then it is an offence you can make criminal complaint against her first husband by invoking the penal section 497 and 499 of Indian Penal Code before the appropriate criminal court in India.
Further, in India, there is no provision under law which can punish a women for adulterous relationship.
Furthermore. you can file a divorce under under Section 13 (1) (i) and Section 13 (1) (ia) on the grounds of adultery and cruelty ,and seek dissolution of marriage. It is pertinent to mention here, that to prove adultery is generally very difficult, the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that she has committed adultery.
Also, with respect to maintenance if you can prove cruelty and adultery, there are various judgement of Supreme Court and High Court wherein the court has denied maintenance to a Wife.
1. He can file for divorce on the ground of adultery.
2. He may also prosecute his wife as well as her first husband for the bigamous marriage conducted by misleading him.
3. In addition to above, a prosecution for cheating can also be initiated against her.
Bigamy u/s 494 of IPC will be applicable
apart from this section 495 of IPC will also be liable.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
she committed offence of bigamy under section 495 of IPC. you should file complaint before district judge court. your marriage is null and void. she shall be punished and also she has no right in your property, maintenance, but you child shall be legitimate child and has right to maintenance and vested right in your self acquired property. Limitation period is still alive so you can file complaint and it is maintainable.
In this case Section 420, 494 and 495 in The Indian Penal Code is attracted .Considering the threat from lady 503 ,506 IPC are also attracted .
You can file complaint against her under the above sections.
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.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
