Bigamy
Renuka
(Querist) 27 November 2013
This query is : Resolved
My husband got married to a foreigner in the year 2005 and has two kids from her.He is right now staying with her abroad.
I had filed maintenance when he deserted us and won the case but the arrears in both Interim order and after the final has not yet been deposited or given to us.We had sent an arrest warrant to his home town address as mentioned in his petition since we were not aware of his present address abroad. It returned without being executed. The lawyer from his side is not agreeing to furnish details of his current whereabouts.
I am still his legally wedded wife.
To prove that he is married again without my consent while I am alive, i have photographs of him with his kid, his wife with both kids, his friend who was a witness for our marriage with him as well as his second wife and kids.and some snaps taken during get together s and family function where in he is been photographed with his wife and kid beside him.Will I be able to prove that he has done bigamy and can a criminal action be taken against him? Under what other sections can i file a case with these snaps as proof.
Can a complaint in the local police station be fruitful? under what section can I file a case at the local police station. He is an NRI and living abroad since 2002 till date. The case in local court was attended by his POA holders and lawyer though he appeared before the court only during the last session when he was called to give his say before the final judgment was passed.
We have not met personally apart from the day of the final hearing and once when he had filed a divorce case in his hometown where i was called for counseling along with my kids way back in 2005/2007.The divorce case got dismissed for lack of jurisdiction since the wedding and last place of stay was in the wife's place.
ajay sethi
(Expert) 27 November 2013
file case of bigamy . you can rely upon photographs . testimony of his friend would be cruical . engage a detective agency to gather more evidence . you need evidence of pandit who performed marriage , witnesss to rites and ceremonies
you can file complaint under section 494 IPC before the magistrate .
Nadeem Qureshi
(Expert) 27 November 2013
Dear Querist
you can file a criminal complaint u/s 200 of crpc against hin for the offence of bigamy which is an offence u/s 494 of IPC, these photographs are very strong proof.
contact a lawyer who deals in family matters case
Rajendra K Goyal
(Expert) 27 November 2013
File case of bigamy. Search facebook and such other sites to find his whereabouts. May engage a detective agency.
Mayank Kumar Advocate
(Expert) 27 November 2013
what do you have authentic proof explain it then we can say what should you do first without any authentic proof you are unable to file complaint in police station as well as court???????????
Renuka
(Querist) 28 November 2013
My husband married a foreigner but I have no clue where he got married or registered his marriage. For sure he has not registered his marriage at the Indian embassies because his passport still has my name as spouse.
He might not have changed the name because he has not legally divorced me and cannot produce my death certificate since am alive and healthy. His friend has always been supporting him even when my husband’s family members were against our marriage. He would not give his testimony against my husband. That's another reason why he is sharing few good moments with my husband’s second wife kids, snaps of those moments are in my record. In fact all his college mates and their families know about this but will go against him. Let me also say that I do not have their wedding snaps but have proofs which show that his wife is being called as Mrs. So and so and he himself has given comments on some of the snaps on face book id of his second wife. Some snaps even contained topics as “papa” where he was carrying his daughter in it. The snaps which I have were in her face book earlier but she deleted all of them and blocked me from viewing them too. My husband too closed his face book account. I suppose they sensed that I have come to know about it and hence now am not able to check into his wife’s face book account. I have no idea who informed them about me viewing it or does one come to know when their face book page is viewed by someone else other than those in their face book friends list.
Where the wedding ceremony is concerned there must be a lot of churches in that country and she is a Christian. Which Christian community she belongs to is not known. It would be very difficult task to ask all the churches and I do not have anyone in that country that I can rely on to run errand and try to collect details. I am totally helpless where finding such details are concerned.
Where arranging detective is concerned, I cannot afford expenses, because I am depending on my brother who is the whole and sole bread winner and looks after three family which includes a mother who has just got cured from Cancer (final stage) himself and his family needs and last but not the least me and my kids who are studying. He is also in his retirement age so I cannot put burden of added expense on him.
I hope I have given enough explanation where the proof are concerned and about my difficulty in arranging an agent for recovering evidence.
Kindly reply if the details I have given would be fruitful to put a case in front of the magistrate under the sections mentioned in your reply.
Thank you.
Mayank Kumar Advocate
(Expert) 28 November 2013
what is your marriage date/place ?
how many kids you have ?
Now presently where do you live ?
which type of case you have filed against to your husband?
who is your bread winner in your family ?
which you are living in separation ?
presently where your husband live ?
Renuka
(Querist) 28 November 2013
My marriage took place in Chembur, Bombay on 11th July 1990 and was registered in Bandra. I have two sons. I live in Thane with my widowed mother.I had filed maintenance case in 2003 which was decided on 2nd January 2010.My brother is the whole and sole bread winner. I am staying in a rental flat nearby my mothers place since her house is too small to accommodate three of us since my kids have grown up.
My husband lives in Africa.
