offence of bigamy or what by boyand girl
r.pratap
(Querist) 16 September 2015
This query is : Resolved
Sir
My query is thst in case of one of my friend ,his daughter and her husband living separstely and by mutual affidavit ,all goods /gifts have been returned to girl.Now,that boy is living with some another girl without doing any marriage like some religious homa etc.and he has one child ,whether he can be lible for offence and what when the name of boy as father of child is used.
thanks in advance.
Devajyoti Barman
(Expert) 16 September 2015
Remarriage without divorce is liable for prosecution under bigamy as provided for u/s 494 of IPC.
The problem here there is no proof of marriage. However since a child is born the DAN test will reveal the parenthood.
So lodge a complaint with Police so it unearth the truth.
Rajendra K Goyal
(Expert) 16 September 2015
Complaint of bigamy need to be filed.
r.pratap
(Querist) 16 September 2015
Thanks,Barman sir and goyal sir.Still there may ba a problem as barman sir has pointed out regarding proof of marriage performance etc.without marriage as per law applicable to hindu ,whether by proof of child is proof of marriage or may be illicit etc without legal marriage .
thanks.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 16 September 2015
Agree with expwet Barman amd biamy n child born out of second wife cannot be proved unlessmarrieg is held with other lady
K.S.Srinivas
(Expert) 18 September 2015
Unless the second marriage is proved, it will not become a bigamy.
