case of bigamy can be filed by your sister against her husband/ his second wife under section 494 of IPC for getting married during subsistence of earlier marriage
Husband of my sister has married another women without giving her divorce. i am going to register police case against him. please provide me any section of IPC which can be charged on husband and any IPC which can be charged on 2nd Wife. thank you
case of bigamy can be filed by your sister against her husband/ his second wife under section 494 of IPC for getting married during subsistence of earlier marriage
Section 494 in The Indian Penal Code
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.
Under section 495 IPC you need to lodge a complaint. But please note that you cannot lodge a complaint the complaint has to be lodged by aggrieved person in this case your sister against her husband.
She cannot.lodge complaint against other woman for bigamy.
You may complaint in section 494,495,497 of IPC for adultery and section 17 of Hindu Marriage Act for bigamy. Similar sections should also be imposed and the wife if she is also married otherwise section 17 of Hindu Marriage Act should not be used for this purpose
You can charge the following sections:
1. 498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
2. 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.
3. You can also file case under Domestic Violence Act;
4. You can also file for divorce and claim compensation from him for the mental agony caused to your sister.
Dear Client,
No case made out against 2nd wife but Husband u/s 494 IPC and if he is govt. employee, removal from job.
File case of Domestic violence, Maintenance, residence, compensation, alimony etc.
1. Getting married without divorce is a crime and for this you can lodge complaint under section 498A, 406 , 494 IPC.
2. If you lodge such complaint the Police can register FIR and on this basis they can even arrest your brother in law.
3. This charge of bigamy applies against his second wife a well.
Section 494 IPC Offence of Bigamy i.e. marrying another when the spouse is living and not divorced.
No offence is made against 2nd wife. she may be unknown with this fact. bigamy is a non-cognizable offence and bailable also. it is compoundable also in case of compromise between the parties. Police will arrest only on the order of Judicial Magistrate.
Dear,
u/s 494 of IPC your sister can file complaint against her husband for bigamy.
under this section if convicted, to a fine or seven years of imprisonment, or both,
being a non-cognizable offence.
Section 494 in The Indian Penal Code
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.
There wont be any charges on second wife under offence of section 494 only husband can be charged in your fact and circumstances.
Hello,
The Fir will be lodge under section 494 of the IPC which reads as follow:
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.
Regards
This is a case of bigamy and section 494 IPC is attracted in the present case.
Lodge a FIR against this husband under section 420, 494IPC.
Your sister can file a criminal complaint directly before the jurisdictional judicial magistrate court under section 494 IPC for the offences of bigamy against her husband and the second wife.
Section 494 for bigamy, and he would gone for ever in the jail.
Please, do that as it is for the society to put such kind of persons behind the bars.