Second marriage
ankit
(Querist) 04 February 2013
This query is : Resolved
My friend is legally married in jan 2006 in Punjab and from aug 2006 they are living separately(don’t have children and divorce is pending in court) and from 2009 he is living in delhi with a girl(second wife) and blessed with a baby girl in 2010 and a baby boy in 2012.both new families understands th situation very well.they are married but they don’t left any proof or info like photos,videos,priest,place etc………….it all happen in Haryana and staying happily in delhi.dear experts I want to ask some queries……
1) Are long term relations treated as marriage as she(first wife) is threatening them for sec 494.
2) Without proof of second marriage can court charge him punishment.
3) What precautions he use to take that he should not show his marriage anywhere.
4) What should he plan for his daughter school records.
5) is bigamy liable on him if she(first wife) fail to prove his second marriage.
Dear experts m seeking ur valuable comments and suggestions
Adv.R.P.Chugh
(Expert) 04 February 2013
1) No - When the man is undeniably married at the time of his second marriage, cohabitation howsoever long would not make the second woman his wife in the eyes of law, and since Bigamy requires positive proof of essential ceremonies in both the marriages. The charge cannot be sustained on the basis of long cohabitation. The presumption of wedlock from long cohabitation (as laid down in Tulsa v. Durghatiya 2008 SC and other cases) operates only when either party is not married.
2. In light of above - No.
Good Luck !!
Bharat
www.facebook.com/AdvocateBharatChughOnTheLawsOfIndia
Khaleel Ahmed Mohammed
(Expert) 04 February 2013
Advice your friend to settle the issue immediately, otherwise severe consequenses have to face. Consult with local lawyer.This is not the forum to teach tactices to escape from law.
ajay sethi
(Expert) 04 February 2013
your first wife has to prove the allegations in court . dont worry you wont be convicted unless your wife is able to prove her case .
ankit
(Querist) 04 February 2013
thanx a lot seriously u guys are great and helpful for millions of people guys like you experts sethi sir,chugh sir,ahmed sir,shroff sir,nanda sir...............and many more....... really u doing very helpful deed which help one to decide good way as well as save money(consultation fee sorry).
thanx for being so active on internet to reply queries.......
thanx once again
