• Husband married abroad, how to file case

My husband deserted me 7 years ago, then went abroad. Now I got to know he married another woman abroad. Can I file bigamy case in India? If he is abroad how will he be arrested? My marriage was hindu marriage also registered
Asked 1 year ago in Family Law
Religion: Hindu

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12 Answers

1. File for Restitution of Conjugal Rights in India as also bigamy case in India.

2. Based on the above a Lookout circular would be issued so that he will be arrested from any port or airport when he lands in India.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

File case of bigamy against husband under section 494 of IPC 

 

2) enclose proof of husband second marriage 

 

3) notice would be issued to husband 

 

4) if he does not appear in court then bailable warrant can be issued against him 

 

5) you can apply to passport office for impounding his passport on account of criminal case pending against him and bailable warrant issued 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

- Since, your marriage was solemnized and registered in India. then you can file the Bigamy and other cases against him in India. 

- Further, the Court has its power to call your husband from Philippines, under the following provisions, i.e. 

The Ministry of External Affarirs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You have mentioned that you got to know that he has married at USA during the subsistence of your marriage with him, but what is the proof with you to prove that he has married another woman elsewhere?

If you have proof for that then you can take legal action but remember that he abandoned you seven years ago and you never took any action to rejoin him either by filing a restitution of conjugal rights case as well.

In the given situation you will not be able to provide his foreign address also, therefore unless you have his phone number or whats app number or passport number or his present address, it will be difficult for you to maintain a criminal or civil case against him.

It will be easy to suggest you to file several cases against him, but in the practical situation it will take several years even for a small progress in any case that you may intend to file 

You can discuss in person with an experienced lawyer in India if you would like to initite any legal action against him and proceed as suggested 

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

You can fille bigamy in India 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

You have to gather evidence of his second marriage 

 

Other country won’t furnish you marriage certificate of your husband 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Dear client, you can file a case of petition in the Indian courts as the marriage was solemnized by the Indian law. As denmark also criminalizes second marriage, you need to inform the indian embassy at denmark that his first marriage has not been dissolved.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

- You can file a complaint against him before the police and magistrate , and the court will itself issue summons to him for appearing before the court 

- If he will not appear , then NBW can be issued against him and his passport may be impounded.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Who will you address your application seeking the information about your husband's details?

Do you have the residential address or passport  number or the details of the woman who got married to your husband?

Is she an Indian citizen?

Was the marriage solemnised as per Indian laws?

If she is a foreign citizen and the marriage had taken place as per laws of that country then this may not even be considered as an offence 

Whatever, you may collect the information and consult a local lawyer in India on all such further issues 

The court in India will not entertain any application for bigamy without the proofs and the oral statements cannot be taken into consideration as evidence in this regard hence you cannot file a case for the offences of bigamy without substantial documentary evidence in India

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

1. First collect evidence that he has officially married again without obtaining decree of divorce from his marriage with you.

 

2. Thereafter, file a police complaint u/s494 of IPC in India and then ensure that FIR is registered against him and the case starts between the State and himself.

 

3. Ensure that he gets copy of the case for which you shall have to produce his correct address, office and/or residence.

 

4. If he fails/refuses to appear before the Court, the matter will be decided ex-parte and he will be expatriated to India unless he has already become a citizen of Denmark 

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

1. You shall have to collect the evidence that he has married for the 2nd time by using your sources.

 

2. You can engage a detective agency  of Denmark for the said purpose.

 

3, You can write to Indian Consulate of Denmark seeking help.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

Hello there,

In India, bigamy is a punishable offense under Section 494 of the Indian Penal Code, which states that whoever, having a spouse living, marries in any case in which such marriage is void by reason of its taking place during the life of such spouse, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

The fact that your marriage was a Hindu marriage and registered can strengthen your case. However, as your husband is currently residing abroad, the process of legal action and enforcement can be more complex. It may involve international legal procedures and cooperation between countries in order to apprehend and bring him to justice.

 

for more information, you can connect with me and if you are satisfied with the answer, kindly click on 5 star.

Regards,

Arunkumar Khedia

Advocate Bombay HighCourt

Arunkumar Khedia
Advocate, Mumbai
92 Answers

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