Can second wife file 494?
Can second wife file 494?
To prosecution person under Section 494 I.P.C., there is nothing in the act forbidding a prosecution for offence punishable under Section 494 of penal code not preceded by declaration obtained under provisions of the act that second marriage is void.
Who can file 494 case?
Where to file complaint under Bigamy law-section 494? The person aggrieved can file a case of bigamy either in court or at the policestation. The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code.
How do you prove Section 494?
Essential ingredients for the offence under Section 494 is, (i) Meera Jadhav Page 4 4/11 3.apeaL-66-03.doc accused must have contracted the first marriage; (ii)while the first marriage was subsisting accused has contracted second marriage; (iii) both the marriages must be valid in the sense necessary ceremonies …
What is an exception of section 494 of IPC?
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall …
Can I get married while my divorce is in process in India?
Absolutely NOT. Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.
Is second marriage valid if divorce pending?
The Kerala High Court has held that if a party enters into a second marriage when the appeal of the decree of divorce of the first marriage is still pending, he/she will not be guilty of the offence of bigamy under Section 494 of the Indian Penal Code if the appeal is subsequently dismissed.
In which of the following situations Section 494 exempts a person from bigamy?
When a person having got an ex-parte (one sided) divorce from a court marries a second time and the first wife manages to get the ex-parte divorce overturned, the person cannot be prosecuted for bigamy since at the time of the second marriage, he was divorced, Krishna Gopal Divedi v.
Is IPC section 494 Compoundable?
Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable-Triable by Magistrate of the first class-Non-compoundable….IPC Section 494. Marrying again during lifetime of husband or wife.
| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Of Offences Relating to Marriage | – | Parliament of India |
What is the punishment of IPC 494?
Section 494 runs thus: “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 …
Is IPC 494 bailable?
Is IPC 494 bailable or non-bailable offence? IPC 494 is a Bailable offence.
Where to file a case under Section 494 of Indian Penal Code?
The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC). Where to file complaint under Bigamy law-section 494? The person aggrieved ( which is the Legally Wed person – the first “husband” or “wife” ) can file a case of bigamy either in court or at the police station.
Does Section 494 IPC discriminate against Hindu/Muslim/Christian?
The Kerala High Court has held that Section 494 IPC does not discriminate between Hindu/ Muslim/ Christian and can be proceeded against any citizen who commits the offence of bigamy irrespective of his/her personal law, provided that ingredients of Section 494 are made out. Venugopal K. v. Union of India, 2015 SCC OnLine Ker 798.
Is bigamy a ground for divorce in India?
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. In August 2009, the Law Commission of India recommended that bigamy should be made a cognizable offence.