bigamy/ cheating
aisha
(Querist) 24 November 2009
This query is : Resolved
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .later 3/4 yrs i came to know that my husband had contracted 2nd marrige . I fled a complant in high court in 2002 and my husband denied marrige with me and admitted that he is marriad to othr lady in nov 1996 , in 2004 i moved a complant in dist court u/s 376 and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and refused of any other marriage . He also gave affidavit of that lady in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites. As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 saying that i am hs legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . I have proof of documnets where her name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit in High court,
Affidavit giving his / wife property details to Election Dept in Sep 2009.
While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents
While disposing off Domestic violence case filed by me Add Session Judge also held that he has commited the offence of bigamy
Last Month i moved application to police . But they are not registering case . the say that i have to move to court only.
Plz advice what action can i take?????????
Police cant register case directoly ???????
He has completely ruined my life.
I had moved one contempt of court in High Court for giving false affidavit in High court . it is still awaiting AG' permission.
A V Vishal
(Expert) 24 November 2009
Your Husband and the other woman can be tried for pejury. Further you can file case against your husband for Bigamy.
Kiran Kumar
(Expert) 24 November 2009
i agree with Vishal Ji, if the police is not taking any action then u can move to the court directly.
he has given false affidavits in order to save his skin, the court may recall all such previous orders to bring him to justice.
G V S Jagannadha Rao
(Expert) 24 November 2009
You can file a complaint directly in the Magistrate's court and also mention that the complaint lodged with police was not actioned.
You may address a polite reminder to AG.
Sachin Bhatia
(Expert) 24 November 2009
File a criminal case for bigamy against your husband.
Adv Archana Deshmukh
(Expert) 24 November 2009
You can file a private complaint for bigamy against him. Also , the offence of giving false evidence is also made out.
Poonam Upadhyay pathak
(Expert) 25 November 2009
File a criminal case against ur husband.Your husband and the other women can be tried for perjury.
aisha
(Querist) 26 November 2009
Thanks all for your time n effort . Further more as 2/3 of u advised "Your Husband and the other woman can be tried for pejury" . My husband gave affidavit in high court n dist court , but the other lady gave affidavit to my husband and further submitted that in dist court.
Now my querry:
1 Both of them can be tried in one complain
2 what is the jurisdiction for filing
3 can i file in high court / dist court
4 is it different from contempt of court as i have moved one complaint in high court against my husband