Bigamy, cheating,
arun
(Querist) 11 March 2013
This query is : Resolved
dear sir,
i had married a widow in 2009 nov. ( registerd in register office). she was working as a cleark in state govt office..she wanted me to hide our marriage till her case of claim cleard. her husband died in road accident in 2008 february. her age is 28 years.at that time. i was unmarried.. her parents knew about our marriage... her brothers were against her marriage.. i frequently visited her house when her brothers were not there... their parents supported us.. she had a boy from her first husband 1.5year old ( she was married in sep 2006)...
I supported her morally and managed to get her back from old memories.. i pursuaded her to write departmental tests...She got promotion in her job and from then their parents changed tried to avoided me... brothers came to know about her marriage with me... My parents did not knew about my marriage... after hearing the news that i was loving this girl they warned her nov 2011...I went out of town for the situations were not in my favour.. i had to look another job so i went to hyderabad in march-2012...
i used to call her she said situations not in our favour i will call you soon a year passed i came to know that she is married to another person...
she did not even inform me about it ( she got married in june 2012) . i had met her personally and called her many times in between june2012 and feb 2013... she hided her marriage with other person..i came to know about it in feb 2013... how to proceed against her for cheating & bigamy...
Married to her : 12/11/2009.
no photo gaphs of her marriage with other person. & my photograph with her..
we did not stay in single place...
we met frequenty in my house/ her house when alone..( we used condoms & pills to avoid pregnancy)
She is pregnent now 4 months...
kindly suggest..
regards,
arun
07386140269.
Advocate M.Bhadra
(Expert) 11 March 2013
Your best evidence is that she is pregnant,file a Criminal case u/sec.494,420 and 406 IPC in Magistrate Court by approaching for DNA test and also file a suit for Annulment of Marriage in Family or District Court on nullity ground for fraud and bigamy.
Preserving DNA evidence is a key tool for law enforcement’s investigation and prosecution of a sexual assault case. It is used to prove that a sexual assault occurred and to show that the defendant is the source of biological material left on the victim’s body.
Hindu Marriage Act prescribes the conditions for a valid Hindu marriage. A portion of this Section, relevant for our purposes, is quoted below:- "5. Conditions for a Hindu marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely :- (i) neither party has a spouse living at the time of marriage, (ii) ................................. (iii) ................................ (iv)
................................ (v)
................................ (vi)
................................" Section 11 provides as under:- "11. Void Marriages.- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (i), (iv) and (v) of section 5." Thus, Section 5(i) read with Section 11 indicates that any marriage with a person whose previous marriage was subsisting on the date of marriage, would be void ab initio. The voidness of the marriage is further indicated in Section 17 of the Act in which the punishment for bigamy is also provided. This Section lays down as under:- "17. Punishment of bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void
arun
(Querist) 11 March 2013
even though we were married we did not stay under single roof.. we met secretly in my house or her house used condoms & pillss to avoid pregnency... for 2 years after marriage.. we were in recreation for past 5 years
Devajyoti Barman
(Expert) 11 March 2013
Unless you bring witness to prove your marriage with her, it is difficult to prove bigamy.
For a change this time a woman has conned a man, very rare phenomenon of this nature.
prabhakar singh
(Expert) 11 March 2013
But Mr.Barman!
He opens his query with sentence "i had married a widow in 2009 nov. ( registered in register office). "
That means he has proof of his marriage but does not have proof of 3rd marriage solemnized in june 2012 from whom his wife is pregnant,as he also says" ( she got married in june 2012) i came to know about it in feb 2013... how to proceed against her for cheating & bigamy..."????
prabhakar singh
(Expert) 11 March 2013
I think DNA test would be useful tool for him,even if 3rd marriage is not proved,the third man can be charged with adultery.
For facts stated she may loose her job also.
annulment or divorce relief is also feasible.
Raj Kumar Makkad
(Expert) 12 March 2013
It shall be better to invoke DNA test in the given matter so that the matter may be clarified. Move specific application before the court insisting your wife to provide her blood sample in this regard to match it with the child and you even.
arun
(Querist) 13 March 2013
how many days it will take to solve the case... since my parents want me married and the girl had promised that she will not enter my life.. now she is a gezited officer, in state government. I want her to be punished.. but my parents want me to stay calm for its their prestige problem...
I want her to teach a lesson.. for doing all the things by knowing the law.. it should be a example for all those women / men who make use of loop holes in law
arun
(Querist) 13 March 2013
should i have to collect all the proofs my self, of just give complaint to joint collector/ I Class magistrate.. Should i go to police station also..??
arun
(Querist) 13 March 2013
prabhakar sir, thank you for your valuable sugession, To file a case do i need to collect all the evidence and approch I class megistrate or a written complaint along with a copy my marriage certificate is enough..
prabhakar singh
(Expert) 13 March 2013
For complaint you need no evidence but you must have collected all relevant evidence available before you set the law in motion,so that as and when you are asked to adduce evidence you are able to give it then and there,otherwise simply lodging of complaint without being in possession of evidence alarms culprit to temper evidences she could.
A warning :: YOU TOO CAN NOT MARRY JUST NOW
UNLESS YOU GET A DIVORCE FROM HER FOR WHICH SHE HERSELF HAS AFFORDED A GROUND BY COMMITTING BIGAMY.
IF YOU GO FOR AN OTHER MARRIAGE WITHOUT GETTING A DECREE OF DIVORCE,YOU TOO WOULD BE COMMITTING BIGAMY.
arun
(Querist) 13 March 2013
SIR, NOW SHE IS PREGNANT, I Dont know exactly but she said it to me... When i called her to enquire what had happened that she married,I went to her place and found that, THEY ARE STAYING IN A SINGLE HOUSE( for the past 2 months) .. they hided their marriage for six months ( i think it might be bcoz of claim compensation money she was about to receive or divorce from wife of her new husband( her new husband is a govt doctor having a child 7 years, i dont know exactly he is divorced or not), HIS BOTHER CAME TO KNOW THAT I WAS ENQUIREING ABOUT HER, HE CAUSED ME INJURIES SO I FILED A CASE AGAINST HIS BROTHER FOR BEATING ME U/SEC 343, 34.... THEY ARE INFLUENCING POLICE WITH POLITICAL POWER AS THEY ARE LOCAL TO THAT PLACE.. STILL I DID NOT FILE A CASE AGAINST HER FOR BIGAMY / CHEATING..
i plan to take support of media and go their home when both are in the same house.. does it make a evidence..
sir can i marry after filing the case after 6 months from now...
ajay sethi
(Expert) 13 March 2013
you cant remarry unless you are legally divorced from your first wife
arun
(Querist) 13 March 2013
DO I HAVE TO GO DIRECTLY TO MEET I CLASS MAGISTRATE/DIST COLLECTOR/ JOINT COLLECTOR. SIR ONE OF MY FRIENDS SUGGESTED THAT I GIVE COMPLAINT TO DIST COLLECTOR ON GRIEVANCES DAY THEN MY CASE WILL BE TAKEN AS BOTH ARE GOvT EMPLOYEES..HERE IT IS CONDUCTED EVERY MONDAY.. OR FILE CASE IN REVERSE FOR CALMING POSSESSION OF MY WIFE ... THEN THEY WILL COME OUT WITH FACTS BY THEM SELVES AND I NEED NOT WORRY ABOUT THE EVIDENCES( FOR THE FEAR OF LOSING THE THIRD HUSBAND AND FAMILY REPUTATION)...
MY WIFE IS A EMPLOYEE IN WOMEN WELFARE DEPT WORKING AS ( CDPO) AND the other person she married now is a govt Doctor both are working in same mandal( 10 distance btwn working places).
THIS CASE SHOULD BE A EYE OPENER TO ALL THOSE WOMEN/ MEN WHO CHEAT THEIR PARTNER AND SHE IS A BLACK MOLE IN SOCIETY WHERE WIDOW IS ILL TREATED... THIS AFFECETS THE LIFE OF OTHER WIDOWS WHO WANTS TO MARRY AGAIN..
arun
(Querist) 13 March 2013
DEAR,AJAY SIR, HOW DO I PROCEED TO FILE A CASE... IT IS ACTION DONE DELIBERATELY BY THE PERSON WHO KNOWS THE LAW SHE SHOULD BE PUNISHED... IT SHOULD BE A EXAMPLE FOR OTHERS WHO WANT COMMIT BIGAMY... She did this knowing that bigamy is a crime... she deals with domestic voilence cases and divorce cases every week, being a officer in women welfare dept..
Raj Kumar Makkad
(Expert) 13 March 2013
Meeting personally with DM or any other officer shall not work rather do engage a lawyer and follow his advice. You shall have to file a criminal complaint before JMIC.
arun
(Querist) 13 March 2013
SIR KINDLY LET ME KNOW THE SECTION UNDER WHICH SHE CAN BE PUNISHED...I HAVE GOT THE INFORMATION ABOUT VARIOUS SECTION... FROM DIFFERENT SOURCES I.E SECTION LIKE
1. fileing a Criminal case u/sec.494,420 and 406 IPC in Magistrate Court by approaching for DNA test .
2. U/sec 947..
adultery case against that doctor...
How to get the photo graphs that they are married... since iam in andhrapradesh.. how do i get the proof of her third marriage..?
arun
(Querist) 14 March 2013
iam fearing what happens when she puts a domestic voilence/ haraaament/ dowry case against my family... we did not stay together in single house.... if i put bigamy & cheating case on her is it possible that she file a false case on me...???
arun
(Querist) 14 March 2013
dear members, kindly help me is there a possibility of that girl putting a case against my family... i want to file a bigamy case aginst her...
friends said you need lot of money to get bail in some cases..
Nadeem Qureshi
(Expert) 17 March 2013
first of all file a criminal complaint against her if you have some proof or point.
feel free to call
