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disha   14 June 2015

I married him first!!! how can i prove my marriage?

1. Married at temple - Year August 2010
2. Priest & few person witness this. 
3. Have old photograph.
4. No marriage certificate


We mutually decided to go away and no harm to each other. After that, he married a girl from village - December 2010. He married at village, had kid, his wife left him in year 2011 (seperated for around 4 years), he wants to come back but says he is not divorced. 

 

1. How can I prove that I am his first wife?
2. I do not want to file bigamy case.
3. Is there any other person apart from me who can file bigamy case?
4. what about the wife, what can she do now?
5. Can she file any complain ? - I want to protect him.



Learning

 21 Replies

Saurav (Engineer)     15 June 2015

Comedy of errors. Lol im not sure he would be eventually happy after getting you back.

 

Anyway, the answer to your question is:

a. You were not married to him legally first time.

b. His divorce looks like more or less certain or if he applies for it he will get it (based on 4 years separation).

sandykrish (Interested in Family LAW)     15 June 2015

@Saurav please respond to her questions in proper way. His second marriage with that lady amounts to null and void, however, since there is a kid he would be responsible for Maintenance and yes she can file 498a and DV in retaliation to your divorce case.

disha   15 June 2015

@ Saurav - I know we are not legally married, either his married with her is not legally registered anywhere.

 

My question is how to prove I married him first as per my given information?

N R Dash.. (Advocate)     15 June 2015

Is this an academic querry???? Nothing is coroborative. Statements completely mismatch with each other.

Adv k . mahesh (advocate)     15 June 2015

now what is your question and why you want to prove after four years of marriage

if he accepted you then stay with him and live happily with out going to this four years deep because if you go then you have to face many legal hard ships and about first marriage if he is not contesting then no problem but if you want to file any case against it then it is purely yours stand to prove with evidence and you say that there are no proofs to prove your marriage

accordingly if he does not agree your marriage then you have to file with evidence to prove the second marriage is bigamy

even if you want to prove the second marriage as null and void you should show some evidence

disha   15 June 2015

@Mahesh - He is not happy with the second wife, he wants to come back, I married him in aug 2010 before his second marriage. 

 

 
1. Married at temple - Year August 2010
2. Priest & few person witness this. 
3. Have old photograph.
4. No marriage certificate
 
We parted our ways so to some family problem.
 
AFter that he married same year in december to a viallage girl, got kid. Now after marrying her his life got worse. his wife left and are seperated for almost 4 years. 
 
I came to know about his life. I want to change that. I DO NOT intend to file a bigamy case or HARM him in any case.

I just want my few questions to be answered.

 

 

Saurabh..V (Law Consultant)     15 June 2015

I cannot forget the golden lines pronounced  by Hon'ble Courts in India:

 

Truth has uncanny habit of surfacing

 

So it is not the point to prove if you married him, the point is why you want him now after all these years? It is eventually a trouble for him once his second wife discovers about him moving in with you. Because then she would file a case against him that he married her in presence of so many people!

 

//peace

/Saurabh..V

disha   15 June 2015

@ saurabh.v - I want him bcoz he is a good guy and good guys are hard to find. Also, please answer my query along with what his another wife can harm him?

 

 

Sudhir Kumar, Advocate (Advocate)     15 June 2015

1. How can I prove that I am his first wife?

ANS : Why do you want to prove that you are his wife (leave alone proving first wife) when you do not want any trouble for him.

You can proveit with the available evidence, which is only evidenc eof priest.

 

Sudhir Kumar, Advocate (Advocate)     15 June 2015

2. I do not want to file bigamy case.

ANS : But she can file

 

Sudhir Kumar, Advocate (Advocate)     15 June 2015

3. Is there any other person apart from me who can file bigamy case?

ANS : Yes.  After proving that you were never his wife earlier she can file case on both of you. 

 

If you are able to prove that you were first wife then charges against you and that man will be much more serious (even non-bailable)that bigamy.
 

 

Sudhir Kumar, Advocate (Advocate)     15 June 2015

4. what about the wife, what can she do now?

ANS : Yes. Please provide her chance and eivdence. 

 

Sudhir Kumar, Advocate (Advocate)     15 June 2015

5. Can she file any complain ? - I want to protect him.

 

ANS : If you really want to save him do not comenear him.

 

disha   15 June 2015

Thank you Mr. Sudhir, 

Please throw some light on this. Bcoz as my knowledge (I maybe wrong) that if I prove I was married earlier and I would be his wife, the second marriage will be consider null or void.

In that case, where do bigamy arise, if I do not consider it as a bigamy.

I thought only the wife can file bigamy case & in that case I would be the wife.

 

Please reply or comment.

 

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If you are able to prove that you were first wife then charges against you and that man will be much more serious (even non-bailable)that bigamy.


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