• Second marriage without divorce

Hi,
my father done a second marriage without giving any legal divorce notice. My parents got married on 1985 and my father has been working in foreign countries since 20 years. Currently he is working as crane operator in Singapore.
 
He has illegal relationship with other woman who lives in india from 2010. From that time onwards he stopped to talking to my mother & stopped to sending money for us (my mom, me & brothers).  he has built a house in india in the name of her second wife worth Rs 30 00 000 ,.He has married illegally 2nd women & the women joined my father name as her husband in Ration card & voter’s id. He started to support her morally & financially, she has 2 children who born for her first husband. 
He stays in singapore, so we are unable to take any action even my mother approched womens police station since they saying once he comes to india only, we can take action on him.
We cant do anything untill unless he comes to india.Is there anyway to bring him to india or block his passport number or can inform about this to singapore govt?
Please help us on this. We are not sure what can be done for this one.
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) your mother should file complaint under section 494 of IPC against her husband for  bigamy 

2) second marriage during subsistence of first marriage is illegal

3) after filing complaint your mother should make application before regional passport  office for impounding husband passport  

4) your mother should also file domestic violence case and seek maintenance and alternative accommodation against her husband 

Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1. 2nd Marriage without divorce is illegal for which your mother can file case u/s 494 ipc against the lady and your father.
2. Police is bound to register FIR and if he refused to do so then move to magistrate u/s 156 croc.
3. Additionally your mother can file case under PWDV Act for her maintenance and the court can pass order even if your father does not  turn up.
4. Meet a lawyer and ask him to take action on this line.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
Hello,
1) If your father has married without giving divorce to your mother and if as per your religion as well if a second marriage is not permitted, legally his second marriage is invalid.

2) Being the legally wedded wife of the husband your mother can file for maintenance and certainly  Domestic Violence case demanding accommodation and  maintenance.

3) You need to get details of his whereabouts in Singapore and take steps to serve summons upon him once the petitions are filed..

4) What you can also do is to send him a legal notice putting forth all the demands and  if he fails to comply or fails to initiate a settlement you can proceed to sue him in the court. under different provisions.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
First of all try to settle the matter amicably with him if not possible then your mother may file a complaint under section 494 of ipc against him before court and also may file a maintenance case against him under section 125 of crpc for maintenance before family court. 

Your mother may file a complaint against him before pasaport offifer for revoked the passport. 
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hi,
You can file a criminal suit against your father even when he's not present here. He will be summoned through court. Contact a good local lawyer. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1) contact detective agency and gather evidence of your father second marriage . 

2) what is the name reflected of the lady in passport. it must be showing name of her husband 


3) it is not necessary to produce marriage certificate at timeof filing of complaint . it is for trail court to decide whether allegations of bigamy are proved or not 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0

Proof not necessary for FIR in bigamy cases: Supreme Court
India | Press Trust of India | Updated: April 02, 2010 20:13 IST
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Proof not necessary for FIR in bigamy cases: Supreme Court

 In bigamy cases while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed as it is for the trial court to decide the veracity of the allegations, the Supreme Court has held.

The apex court further said that in criminal cases, courts cannot quash the charge sheet on the mere plea of the accused that there is no truth in the allegations.

"It has to be borne in mind that while considering the application for quashing of the charge sheet, the allegations made in the first information report (FIR) and the materials collected during the course of the investigation are required to be considered.

"Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of
trial. Essential ceremonies of the marriage were gone into or not is a matter of trial," a bench of Justices D K Jain and C K Prasad said in a judgement.

The apex court gave the verdict while upholding the appeal of a woman K Neelavani, challenging a Madras High Court order quashing the charge sheet filed against her husband S K Siva Kumar under IPC Sections 406 (breach of trust) and 494 (bigamy-second marriage).

According to Neelavani, despite subsistence of their marriage, Kumar had married another woman Bharathi and fathered her child.

Though police filed a charge sheet against the accused husband for the alleged offences, the High Court quashed the charge sheet even before the matter came up for trial on the ground that the allegations were not substantiated.

Allowing the wife's appeal, the apex court observed, "We are of the opinion that the High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code.

"It is trite that the Magistrate is not bound by the conclusion of the investigating agency in the police report
i.e. in the charge sheet and it is open to him after exercise of judicial discretion to take the view that facts disclosed in the report do not constitute any offence for taking cognizance.

"Quashing of Sections 406 and 494 of IPC from the charge sheet even before the exercise of discretion by the Magistrate under Section 190 of the Code of Criminal Procedure is undesirable.

"In our opinion, in the facts and circumstances of the case, quashing of the charge sheet under Sections 406 and 494 of IPC at this stage in exercise of the power under Section 482 of the Code of Criminal Procedure was absolutely uncalled for," the apex court observed while quashing the high court order.
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) The person aggrieved can file a case of bigamy either in court or at the police station.

2) if police refuse to register complaint lodge complaint in magistrate court  
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
The bigomy is an offence as per section 498A of IPC but this offence is non cognizable hence police have no power to arrest the accused.

It will be better to file a complaint against him before criminal court and also file a domestic violence case before the court.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. Your father and his second wife have violated the Indian law. Your father is liable to be prosecuted and punished for bigamy.

2. He may be present in any part of the world, but this does not make him immune from the Indian legal process as a warrant of arrest may be issued against him in India and enforced in Singapore. There are reciprocal provisions in the law of every country which provide for the enforcement of orders of a foreign court. So what the cops have told you is absurd.

3. Your mother can proceed to initiate the prosecution of her husband by directly filing the case in the court.

4. It may take 2 to 3 months for him to be brought to court but he cannot enjoy a freedom longer than this if a court in India orders his arrest.



Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

1. You have to show some proof of his second marriage as without it even a court of law will not accept your case. Photographs of marriage, wedding invitation card, etc can prove his second marriage. You may also avail the services of a detective agency to gather the required evidence. A search can also be undertaken in the office of marriage registrar to ascertain whether his marriage has been registered or not.

2. Your mother can sue him to claim maintenance for herself.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Your mother is the right person to lodge a complaint against her husband for the offences of bigamy, the proof you mentioned are sufficient enough to prove his offence atleast for taking cognizance of the offence. If the police refuse to register FIR and initiate legal action, she may approach the jurisdictional judicial magistrate court with a complaint u/s 156(3)cr.p.c. seeking direction to police to investigate the matter and register FIR if necessary. 
She can file a maintenance case under section 125cr.p.c. also seeking maintenance from him.  The summons may be sent to his Singapore address by including a copy to his employer which  will certainly bring  some effect to serve the summons.  Once he is there in India, the police also will be able to nab him for the other criminal offences. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
Proof or evidence is important for getting a remedy from a court. So find out some good proof like , voters identity card,Voters list of election conducted by the government , Passport , Ration card, Building tax details ,marriage certificate, 
1. Your mother should file a case for maintenance under section 125 of crpc  before family court .
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. The women police station was wrong in informing you that they can not ake any action against your father who stays at Singapore,

2. Send a complaint letter to the local police station alleging bigamy of your father duly enclosing the evidence and send a copy of it to the local S.P./D.C. he aid letters should be sent by Speed Post and track report of those posts are to be collected,

3. After that file a petition before the District Judge u/s 156(3) praying for a direction upon the police to investigate and at based on our complaint,

4. If polce still refuses to act, file a Writ Petition against police inaction also praying for a direction upon the appropriate Governmental authorities to impound the passport of our father and/or request the Singapore Gov, to depot your father to face trial in India.

Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. The evidence your mother has collected is enough to proecute your father agaisnt the hage of bigamy,

2. The police is avoiding their responsibilities,

3.Act as suggested in my arlier post to force the police to act through Court order.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Follow these steps although it is not fair but it'll compel your father to return India and save her second wife, in doing so he will be bound to appear in court. 

1. It is clear that send marriage is void under HMA. 

2. Second wife has no right either in your father's ancestral or self acquired property. 

3. her children are treated as illegitimate child but they have interest in their father's self acquired property. 

4. you should file suit for partition of property. 

5. court will issue summon to your father. 

6. under cpc and treaty with the Singapore, our court is empowered to serve summon through court in Singapore  directly. civil summon does not require external affair ministry approval.

7. when your father fails to appear in court then partition shall be decided ex parte. and you have successfully save your ancestral property.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. In father's self acquired property, you should file civil suit for possession of the property.

2. must claim you right in the house built by your father for his second wife. 

3. marriage certificate not required for filing of civil suit. 

4. Don't involve police authority, but fight with civil suit. It'll help you in two ways firstly it does not need concrete evidence about first marriage and secondly it'll take many years to decide and your father will be bound to appear in court. 

5. you should contact some family member and neighbours and make them defendant. claim against them that your mother is legally wedded wife. They will give their statement in your support then it will prove that your mother is the legally wedded wife( in this suit if your father fails to to appear then court shall pass ex parte decree in your favour).

6. when your father appears in any of the suit then immediately file criminal application under section 494 IPC and impond his passport immediately under section 103 crpc.       
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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