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Bigamy

(Querist) 03 June 2014 This query is : Resolved 
In month of March'14 my wife goes missing leaving my family and her family very worried. She is found after two months by police and to my utter astonishment deemed to be married out of state in Chandigath. I see her with sindur and mangalsutra in police station. Can i file case of bigamy. How can i proceed. She says she is married to the man. He is a Hindu and he says he is not married as per his statement given to police. Can I file case of Bigamy , Adultery. I am married under Christian Marriage Act. I dont want a divorce but looking for justice.
Devajyoti Barman (Expert) 03 June 2014
1. Case of bigamy u/s 494 lies against her.
2. Case of adultery u/s 497 lies against her paramour.
Dr J C Vashista (Expert) 04 June 2014
I agree with Mr Devajyoti Barman, collect all evidences against your wife and her so-called husband (present) and file criminal case(s)for bigamy and adultery.
Sudhir Kumar, Advocate (Expert) 04 June 2014
agreed with Mr Barman
Rajendra K Goyal (Expert) 04 June 2014
Well advised, agree with the experts.
ajay sethi (Expert) 04 June 2014
if your wife has found love in the arms of another man divorce her . let her remain in peace . filing of case of bigamy / adultery will go on for years . you will end up spending substantial sum of money in legal fees . move on in life
Raj Kumar Makkad (Expert) 04 June 2014
I do agree with the experts hence no more to add.
K.K.Ganguly (Expert) 04 June 2014
1. How will you prove the charge of bigamy? The man has already denied marriage. If bigamy is not proved your wife can not be punished,

2. If adultery is proved, only her paramour will be punished & nothing will happen to her,

3. So, proceed after carefully verifying the facts,

4. Take this opportunity to go for mutual consent divorce to get rid of her once for all.
Sankaranarayanan (Expert) 04 June 2014
well advised by sri k k ganguly i do agree with him
Biswanath Roy (Expert) 04 June 2014
MUTUAL CONSENT DIVORCE IS THE ONLY REMEDY THAT CAN SAVE YOU FROM UNNECESSARY LITIGATION, LOSS OF HARD EARN MONEY, MENTAL AGONY AND ABOVE ALL YOUR SOCIAL PRESTIGE.LET YOUR WIFE GO TO HELL.
malipeddi jaggarao (Expert) 05 June 2014
"I dont want a divorce but looking for justice."
I could not understand this last sentence.
If you do not wish to go for divroce, if the girl wishes to come back, accept her.
What justice you are looking for? You want that your wife should be punished? Obviously not as you are not interested in getting her rid off. Then what else is remaining? Punishment to the other person.
Bigamy is - having two wives.
adultery is - having sex out of marriage bond.
Do you have any proof except the photos stated by you to prove Bigamy?
Your wife has gone away with somebody and you do not wish to leave her, but you want that the other man should be punished!

If you do not wish to live in with her, use this opportunity for divorce by mutual consent which will be fast and with minimum expenses. If you do not wish to leave her, if she is interested to come back, take her in your life and forget the rest.

If you do not wish to leave her, and she is not interested to live with you....!!!
(Fill in the blanks by yourself!)
savio andrade (Querist) 05 June 2014
Thanx everyone for your valuable advise. I will weigh the scales on what I need to do. Dear Mr. Malipeddi Jaggarao, i see the enlightment in your advise as I was a bit confused earlier.
Raj Kumar Makkad (Expert) 05 June 2014
The experts are always ready to help the needy persons/querists.
malipeddi jaggarao (Expert) 05 June 2014
I am happy if my analysis becomes useful to the needy.
T. Kalaiselvan, Advocate (Expert) 06 June 2014
I too agree with the experts opinion that mutual consent divorce will be best remedy to the present crisis.
V R SHROFF (Expert) 06 June 2014
Expert : Shri malipeddi jaggarao had suggested in details.

Though I agree with Shri Barman,
Prudent man will Divorce her MCD. forgetting past life, re marry & be happy.


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