is second wife also punishable under bigamy?
Querist :
Anonymous
(Querist) 24 January 2010
This query is : Resolved
i am hindu.i am living together with a widow after one year of my wife desertion.presumption can be made in a bigamy case?there is no record evidence or eye witness of my second marriage.it is the only society presuming that we are married couple?is this circumstances enough to prove a bigamy case?is my second wife also punishable under bigamy?(she knows my first marriage before we married).what type of evidences the court can be consider?presumption?circumstancial evidence?oral?by the society of living together?or any other material evidences?
A V Vishal
(Expert) 24 January 2010
494. Marrying again during lifetime of husband or wife.-- Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.- This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
From the facts of the case it is evident that 1).The society knows the woman your living with is a widow 2). Even being a widow she lives with sindoor & Mangalsutra and other signs of a married woman and there is no explanation from both of you regarding the type of relation you are maintaining and also non rebuttal of the fact that you are considered as a man and wife is ample to show that you have committed bigamy.
B K Raghavendra Rao
(Expert) 24 January 2010
The court needs a tangible proof to establish the fact that you are married to a widow for the second time even though a legally valid marriage subsists with your first wife. By witnesses and by cross-examination of yourself and your second wife, it is possible to establish that you are living with the widow as husband and wife. It is wrong to presume that there are no evidences in any case. Evidences would have escaped our attention and we would be under the wrong assumption that we have left no evidences for our acts.
Raj Kumar Makkad
(Expert) 24 January 2010
If no second marriage, no offence o bigamy established so neither you nor the widow living with you, is liable to face the trial or any criminal offence.
Srinath Kondapally
(Expert) 24 January 2010
your case doesnot comes under the perview of bigamy.
Arvind Singh Chauhan
(Expert) 25 January 2010
I agree with Raj Sir. How far the question of bigamy, no case is made out. But there may be other consequences as being a live in relationship.
