Criminal Complaint for Bigamy (Section 494 IPC) (India)
This document is a formal criminal complaint template for filing a bigamy charge under Section 494 of the Indian Penal Code. It allows a spouse to legally report a second marriage performed by their partner while the first marriage is still valid.
Sec 494 RW SEC. 34 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (ANTI-CORRUPTION COURT), PUNE AT PUNE
Criminal Complaint No. Smt. .... D .... A .... S....,)
age 25 years, occupation - service,) Complainant
resident of C/o.Shri DAD, 175 Kothrud,)
PUNE 411 029.)
Versus
1.Shri .... D .... A .... M ....,)
■
age 30 years, occupation - business,)
2. Smt. .... D .... A .... B ....,) Accused
age 55 years, occupation - household,)
3. Smt. .... D .... AR,)
age 20 years, occupation - education,)
all residents of 320 Erandwana,)
PUNE 411 004.)
A COMPLAINT U/S 494 R/W SEC. 34 OF THE INDIAN PENAL CODE
The complainant above-named submits this complaint, praying to state as follows:
1. That the complainant is the legally wedded wife of the accused No. 1, while the accused No. 2 is the mother and the accused No. 3 is the second wife of the accused No. 1.
2. That the complainant was married to the accused No. 1 at Pune on according to the Hindu religion, vaidic rites and ceremonies.
3. That before the marriage, the complainant was known by her maiden name as Kumari Lata, and likewise, the accused No. 3, before this second marriage, was also' known by her maiden name as Pata.
4. That after the marriage, the complainant and the accused No. 1 cohabited together for about three years. However, during the existence of their marriage, this complainant could not beget a child, and hence, on that count, the accused Nos. 1 and 2 were nervous and unnecessarily offended for no fault on the part of this complainant.
5. That this complainant submits that last year, in the month of June, the accused No. 1 told this complainant that she should better go to her parents', at least, for a few days for a medical check-up, and under that pretext, she was sent to stay with her parents.
6. That, thereafter, the complainant No. 1 did not either come to take back for cohabitation, nor allow her to do so, and thus, the accused No. 1 has deserted this complainant.
7. That this complainant learnt from very reliable sources that the accused No. 1 is going to contract marriage onwith the accused No. 3 at the remote place near Katraj, and the ceremony was fixed to be carried out in a bungalow of one, Shri XYZ.
8. That accordingly, this complainant lodged a report with the Sahakarnagar Police Station, requesting them to help this complainant, and the police did try to do so, but they could not register the offence committed by the accused for the reason that the venue of the marriage was changed.
9. That, however, this complainant could know the changed venue, and she collected all the details with a view to registering the said offence.
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About this template
What is this template?
This is a formal criminal complaint document to be filed in an Indian court. It specifically addresses the offence of bigamy and includes sections for marriage details and a prayer for punishment. It is not a petition for divorce or a civil suit for damages.
When should you use it?
Use this when a spouse has proof of their partner's second marriage and wishes to initiate criminal proceedings under Section 494 IPC. Use a Divorce Petition instead if the goal is only to legally end the marriage without seeking criminal prosecution.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Header | Jurisdiction and Court | Identifies the specific Court of the Judicial Magistrate where the complaint is being filed under the Indian Penal Code. |
| Section 1-2 | Parties and Details | Lists the Complainant and Accused names, ages, and addresses to establish the identity of the parties involved. |
| Paragraph 1 | Facts of the First Marriage | Sets out the date and rituals of the first subsisting marriage as required under Section 494 IPC. |
| Paragraph 4 | The Offence of Bigamy | Details the second marriage ceremony performed by the Accused despite the Complainant being alive and the first marriage being undissolved. |
| End of document | Prayer for Relief | Requests the Court to summon, try, and punish the Accused for the offence committed under Section 494 IPC. |
Who it's for
- a spouse in India seeking to prosecute their partner for contracting a second marriage
- legal practitioners drafting a private criminal complaint under the Indian Penal Code
- an individual filing a complaint in the Court of a Judicial Magistrate regarding marital offences
How long it runs and how it's signed
Law it's drafted under
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