Family
rsraghukumar
(Querist) 21 March 2012
This query is : Resolved
sir recently my marriage is declared as null and void on the grounds that the lady was already married which is still subsiting. i filed even bigamy case on her which is pending. she is still denying the first marriage. she is saying that no first marriage has taken place. she has not entered the witness box. first marriage is love marriage. sir now my doubt is (1) bigamy is applicable to first marriage or second marriage. what is specific doubt from my side is i searched in site that bigamy is for second marriage. but in my case she is denying first marrigge itself. then court will see homam and saptapadi in first marrige or in second marriage.
Anirudh
(Expert) 21 March 2012
Both the marriages should be valid marriages. Only then the question of bigamy will arise. If either of the marriages is not valid (for whatsoever reason), then the question of bigamy will not arise. Unless the first marriage could be successfully proved, technically there cannot be any second marriage at all. Therefore in such situation, the bigamy will not arise.
Adv.R.P.Chugh
(Expert) 21 March 2012
Endorsing what Anirudh says - the law of bigamy punishes an individual (already married (validly) who enters into a marriage (valid) with a person. Both the marriages have to be valid & ceremoniously complete. Otherwise no prosecution for bigamy in either case. Since she is denying the first marriage in your case it would be your burden to prove that her first marriage was infact a marriage performed as per customs & ceremonies
ajay sethi
(Expert) 21 March 2012
you have stated that your marriage has been declared null and void by the court on grounds that first marriage of your wife was usbsiting . in other words court has accepted the fact that your wife had a valid subsisting marriage when she married you .
if inspite of being already married she has surpressed her first marriage and married you she would be guilty of bigamy . was your marriage performed as per customs prevalent in your community .?
The impugned marriage must have been solemnized that is, the marriage should have been celebrated or performed with proper ceremonies and in due form; Bhaurao v. State of Maharashtra , AIR 1965 SC 1564.
Shonee Kapoor
(Expert) 21 March 2012
For bigamy case, it has to be proven beyond doubt that both marriages were performed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
