Necessary Ingredients of Bigamy
My wife deserted me and married another person without divorcing me. But I do not have any proof of Second Marriage of my wife. I want to file a case of bigamy against my wife. Therefore, I want to know following :- 1. Whether Court will direct police to investigate the matter? (As I know the name and address of the person whom my wife married in Hindu ritual)
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Unfortunately you cannot file a Bigamy case since this section 494 is intended for men who commit bigamy, further you can file a case of adultery but against the person who has married your wife, nothing can be done to her. However, you may seek divorce on grounds of adultery and immorality of your wife. Further ,her second marriage is also invalid.
Proposition that section 494 of IPC is intended for men who commit bigamy seems to be doubtful. The necessary ingredients of section 494 are: (1) having a husband or wife living; (2) marries in any case; (3) in which such marriage is void, and (4) by reason of its taking place during the life of such husband or wife. Bare perusal of Section 494 of IPC does not carve out any exception that it is intended for men only.
The only remedy available for you now is to go for a divorce under the ground of Adultry. And you can also file a case on the person who has married your wife.
Tags: Contested Divorce Extra-Marital Affair Marriage