• Bigamy/complaint by second wife

I married to one of my best friend in a temple, just as to support emotionally as she was upset over her separation from her husband.  
I was already married at that time and she knew all about that. 
We both were married and married to each other just for an emotional support to her and her mother. 
Now she has filed a criminal case.....
what should i do???
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1) what is nature of complaint filed by your second wife . allegations made in complaint have to be perused to advice

2)your second marriage during subsistence of earlier marriage is illegal. 

3) contest case on merits . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
If she has documentary evidence about the temple marriage, she may succeed in her criminal case. The documentary evidence could be photographs etc.

In any case, the facts given are bare and require further facts - was the marriage registered / did you reside together after marriage / was the marriage consummated? etc etc
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
1. You dug your own grave by remarrying without divorcing your wife. Remarrying without divorcing the spouse is permitted only in case of muslims, whereas in all other religions in existence in India it is an offence which carries a jail term as a punishment for the offender. 

2. If your friend was also married at the time of her illegal marriage to you then she has also committed the offence of bigamy.

3. What she has stated in her case requires to be perused threadbare to ascertain as to how she has attempted to purge herself of bigamy while shifting the blame to you.

4. Since she has filed the criminal case you should immediately file for bail to preempt your arrest and then chalk out your defence lest you find yourself behind bars.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, hindu can't marry a second wife during the subsistence of first marriage. you can give what ever by the reason it is offence under law as per section 494 of the Indian penal Code and section reads as follows:- "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 extended to seven years, and shall also be liable to fine."
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You have committed an offence,

2. Not only that you had adulterous relationship with her you also had developed bigamous relationship with her by marrying her knowing fully well that you were married at that time,

3. Her complaint is required to be seen to know exactly what complaint she has lodged against you to advise you properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. If she had shown someone as her husband when he was married,it does not absolve you from the crime you have commmitted,

2. Marrying her to satisfy her mother is no valid reason to conduct bigamy,

3. Refuse to accept that you have married her. Show some reason for the photographs in the temple. Once you admit that you had married her, the matter will be over against you,

4. Say that it was a consensual S*X between you two,

5. You can escape only if your original wife does not file a complaint against your bigamy/adultery.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Hi, it is your fault i think you are not supposed venture this kind of relationship now you don't have a option you have to fight legally or else you have to compromise with paying what ever amount she demand and it is better you can apply for anticipatory bail so that police will not arrest you and contact local advocate for the needful.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
What you need to do is to contact a local lawyer,let him go through the contents of her complaint and obtain AB for you then to contest the case strongly as nothing more can be said without going through the contents of the complaint.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) your defence should be that no valid marriage has taken place . mere puja was performed at temple . 

2) further you should take plea that `saptapadi' was an essential ceremony for a valid marriage as per the ``personal law  applicable 

3) no priest had performed marriage . nor any garlands exchanged 


4) you had consensual sex and no case of bigamy is made out 

5) refuse to bow down to her black mail tactics
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. You have committed more than one offence. In addition to the case which she has filed against you your wife can also file a case for bigamy and adultery against you.

2. It is possible that the mother-daughter duo acted had connived to create the necessary ground to blackmail you. Taking of photograph of puja by her mother points to this. The photographs may go against you. It will be difficult for you to rebut the photographs, albeit you can in your defence argue that photographs were of a puja being conducted and not of a marriage. You may also state that the sexual relationship was commenced with her own free will.

3. As suggested in my previous reply, in view of the fact that the case has been filed against you, you should forthwith file for bail.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
a. deny said sham marriage.

b.do not come under the pressure of her blackmail.

c. consent sex is neither rape nor bigamy.

d. take AB from court.

e. defend any false complaint / case if filed against you with help of lawyer.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Dear Querist
first of all, try to find out the guy whose name is mentioned in her house's sale deed in which she claiming as his wife then fight the case on merit, 

second marriage is illegal as per Indian Law for Hindus and an offence u/s 494 of IPC but this section will be apply on both of you so if you proved that she was also married at the time of the marriage with you then she is also be an accused of bigamy and she is equally punished as you.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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