bigamy convition and necessary mariage ceremony proof
aisha
(Querist) 23 February 2011
This query is : Resolved
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc 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 gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit 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 and court held that i am his 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 . He also admitted in divorce case that he is married to other lady when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
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
That lady has also made voter card with husband as my husband
While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
Now judge has summoned my husband and other lady against my complaint. My husband appeared and filed bond val 25000/ , but that women has taken stay from high court saying that she is his wife and i am not and i have filed false complaint. But she has not given any documentory proofs to the court and court stayed her proceeding without any documentory evidene
My querries :
1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)?????? as i am finding in all judgements that necessary cerimony of 2nd marriage should be proved.???????????
2. is high court fair in ordering without proving her his wife???????
3. Plz provide me any related judgment in conviction of bigamy
Amit Minocha
(Expert) 24 February 2011
yes, since the lady has also made voter card with husband as your husband and also check the address on records which would support your case.
Regarding HC orders, it can only be commented only after seeing pleadings and grounds.
Ajay Bansal
(Expert) 24 February 2011
Agreed with Amit.
Advocate Anuj Anand
(Expert) 24 February 2011
Apply for certified copies of ur Husband's eveidence given in court earlier it will also be an evidence against ur husband
