2nd marriage

Querist : Anonymous (Querist) 11 August 2010 This query is : Resolved
Due to continuous DV by husband & mother in law, my sister (with 2 yr baby) came to our home after informing Local Police & panchayet at matrimonial place. 3 months have passed and she has not taken any legal action against them thinking about a last chance of improvement by discussion between both parties.In this period there was no contact from her matrimonial family. Now we are hearing rumor that the man has married again in his workplace.We dont have strong proof regarding that...Now should we wait for any compromise as decided earlier or initiate legal action? In case of bigamy what kind of proofs are needed by the court from our side regarding the 2nd marriage?

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s.subramanian (Expert) 11 August 2010
you have to prove the second marriage by adducing necessary evidence in proof of the rituals etc.then only bigamy is proved.

Devajyoti Barman (Expert) 11 August 2010
If you do not go for compromise then she could go for a number of legal recourse including 498a, cases under DV Act, maintenance case both under crpc and DV Act as well for bigamy. Since offence for bigamy is in criminal jurisprudence you have to prove the second marriage beyond reasonable doubt.

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