Can an attempt of second marriage when first wife is alive be taken for divorce or police by wife?

Question

The marriage didn't actually happen, but all preparations were over. The marriage stopped at the last moment of wedlock. There are evidences for the same. when spoke to the police, not much help was given. Is there any way to punish this guy by the wife? Does the law allow to apply for divorce with compensations in this case?
The wife is also earning, can compensation be still claimed? Will the husband and their family be punished?

Answer 1

Preparation for an offence is not enough to get a person punished for the offence; this is the basic principle of criminal jurisprudence. Now before coming to the facts you mentioned are enough for a wife to seek divorce on these evidence or getting the husband & his other relatives punished for any offence, let me suggest if the things are not going in the right direction for both the spouses & both want to get the marriage dissolved then what for waiting for any other way out, better move the family court for divorce on mutual consent & get this marriage dissolved amicably within a short period say within 6 to 9 months time period. As far seeking the divorce by the wife on the ground of her husbands preparation for second marriage may be considered as cruelty towards her & she may be granted divorce on this ground, but this may not be sufficient to cover her criminal complaint under section 498A of the Indian Penal Code for the offence of cruelty where the most important requirement in the nature of such cruelty is that it should have driven the wife to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) or such cruelty was done for the purpose of dowry ,but as the facts of the said case no such issue is involved hence the lack of these factors for proving criminality may not be enough for prosecution or punishment in this case U/S498A I.P.C. Now coming to the last point of monetary compensation or alimony in such case is concerned, although the wife is earning her livelihood but in order to get the dissolution of marriage & settle this matrimonial dispute amicably, a demand of such monetary compensation/alimony is always the most powerful weapon in the hand of the wife & no deserted/condemned wife agrees for divorce unless compensated for the dissolution of the marriage. What should be the amount of this compensation depends on the financial status of both the parties, but in middle class Indian families the prevalent rate is Rs7/- to Rs12/- Lacs as full & final amount but this may vary from case to case. This is the whole back ground on the basis of which this matrimonial dispute should be settled ,yes the threats for criminal cases in any such case are being used to settle a good compensation for dissolution of marriage, and it all depends how much influential your advocate is to get big booty for you in this whole family drama.

Answer 2

There is a thin line which separats preparation and attempt, if you can prove that there was an attempt to commit Bigamy u/s 494 IPC there may be 1/2 the punishment as Attempt to commit an offence is punishable u/s 511 IPC. However, like Vijay said this is very difficult to prove as preparation by itself is not punishable.

You can always apply for divorce if you feel any act of your husband has caused you mental cruelty, however the easier way out again is thru divorce by mutual consent u/s 13b.

Your husband can always get married by not completing the customary ceremonies and go for an informal ceremony and get married to whomever he wants, you will need an injunction to stop his future attempts. Instead of trying to stop your husband from getting married it may be better to divorce him and negotiate a sum of money as compensation, as there is no need to ruin you life and his life if both of you cant get along. Even women with children are getting re-married in todays society so you can look forward to a future with someone else if you dont love your husband.

If you are insistent on getting revenge you can try your luck u/s 498A and say that your husband has caused you mental cruelty by attempting to get married or that he has harassed you in some way or treated you cruelly in any other way. Since this section in cognizable and non-bailable your husband will probably be arrested but ofcourse most likely he will be acquitted. You may get the satisfaction of getting your husband arrested but thats bout all you can do.

Answer 3

There are no compensations for anyone involved in a marriage that did not occur. Just be grateful that you got out before he deceived you any further. As for his wife-- she can file for divorce.

Answer 4

Yes present wife can file a case if she has all proofs.

Answer 5

sori you are actually not his wife the marriage didnt actually take place and yes the attempt of second wife could take place

Answer 6

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RE :Can an attempt of second marriage when first wife is alive be taken for divorce or police by wife?
The marriage didn't actually happen, but all preparations were over. The marriage stopped at the last moment of wedlock. There are evidences for the same. when spoke to the police, not much help was given. Is there any way to punish this guy by the wife? Does the law allow to apply for divorce with compensations in this case?
The wife is also earning, can compensation be still claimed? Will the husband and their family be punished?
1 following 7 answers

Answer 7

If the marriage didn't take place no there is nothing she can do.

Answer 8

ofcourse wife can complain and the husband will be behind bars if it can be proved that he was married.

Answer 9

yes,there is a law on that. the law can only punish the guy but not his family.