Can the second wife be punished for bigamy?

Bigamy in India is a non- cognizable offence. In case the person charged of bigamy has performed the second marriage by concealing the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. Such offence under section 495 is not compoundable.

Can a second wife maintain complaint for the Offence of bigamy?

In India, bigamy is an offence against marriage and it is also criminal offence under Indian Penal laws. Bigamy is one of the ground to seek divorce under Hindu Marriage Act 1955. The second wife is entitlement for maintenance ,she is not entitle for property rights.

Who can file a complaint for bigamy?

Only the person aggrieved can complain in case of bigamy. If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code. A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife.

In which case the legality of second marriage was discussed?

It was held in Rajesh Bai v. Shantabai, that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under this Section. The second wife can claim interim maintenance under Section 20 of the Hindu Adoption and Maintenance Act, 1956 (HAMA).

How do you prove bigamy in court?

To prove bigamy one has to lead evidence which will show that the man or woman has remarried during the subsistence of his/her first marriage. on what ground 494 of IPC attract in your case, she married to someone or you married to some one, or there is any documents available regarding the relationship.

What prosecution must prove in bigamy?

Justices Chauhan and Chelameswar said: The law of bigamy is not applicable to live- in relationship as there is no legally contracted marriage. In order to prove offence of bigamy, there should ample evidence to prove they have contracted second marriage without nullifying the first marriage.

Can second wife file 494?

Therefore, if the woman with whom the second marriage is performed by concealment of former marriage is entitled to file a complaint for commission of offence under Section 495, IPC, there is no reason why she is not be entitled to file complaint under Section 494, IPC.

Can you sue someone for bigamy?

If proved, bigamy is a compensable crime and the innocent spouse could civilly sue for emotional distress and mental anguish. In addition, if the bigamous relationship was done with the intent to secure property or assets from the innocent spouse, the bigamist could also face charges of criminal fraud.

What are a spouse’s rights when one spouse commits bigamy?

When one spouse commits bigamy, the second spouse in the relationship usually has a marriage that is invalid and has no legal standing. If this spouse does not want to pursue criminal or civil action against the one committing bigamy, he or she may have rights under federal law to return to a relatively normal life devoid of the bigamist.

Does bigamy apply to same-sex couples?

There are some domestic partnerships and common law marriages that some states will recognize as legally binding. When same-sex couples are already in a legal marriage to another person, the domestic partnership will constitute as bigamy. The same applies to another person that enters into a common law marriage in the state the recognizes it.

Can a second wife be the offended party in bigamy?

“It is settled that in bigamy, both the first and the second spouses may be the offended parties depending on the circumstances” (Garcia vs. Court of Appeals, G.R. No. 119063 January 27, 1997). It is immaterial therefore that you turned out to be the second wife.

When does an individual accidentally commit bigamy?

In many cases, individuals accidentally commit bigamy when they marry with the belief that their prior marriage is resolved. For example, if the individual believes their prior marriage has been terminated by a divorce or a decree of the nullity of marriage.