Legal Question in Civil Litigation in India

about crime

My wife and I been seperated from more than 2 yrs.I am living here 500 km away from her place.We have --name removed--son 6 yrs from seperation time he is living with me.From seperation period to till we dont have contact and communication ,not even single time she have seen our son.For the sake of my son's care, I have done second marriage illelagally,i.e marriage registration not done.Now my legal wife has applied for divorce .I am ready to give her divorce.She dont know about my illelegal second marriage. my question is,if she come to know about illelegal second marriage,the case can be transfered to civil criminal court.Now our case is in family court.I am an criminal? I Mean i will be behind the bars,in police custody,if she do police case on me.


Asked on 5/24/09, 7:33 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: about crime

(a) You may face criminal prosecution on account of your illegal marriage.

(b) Your wife may be entitled to child custody and also child support from you on the ground of your illegal second marriage.

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Answered on 5/25/09, 12:52 am
Pranav Desai PD Legal & Associates

Re: about crime

Yes, you can be prosecuted in a criminal offence. Further, she may also seek for the custody of the child based on that.

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Answered on 5/25/09, 7:42 am
KAMAL GROVER

Re: about crime

First she has to prove this fact and if proved then you will be behind bars.

If your go simply for mutual divorce then no problem.

For more query plz contact me at

adv.kamal.grover.gmail.com

M:09814110005

We deals in courts all over INDIA.

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Answered on 5/25/09, 8:11 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: about crime

you may be prosecuted for Bigamy under IPC

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Answered on 5/25/09, 10:01 am


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