My wife married to another without divorse with me
VInod
(Querist) 26 April 2016
This query is : Resolved
Before 3 and half year of due to our dispute we become separate and she filed 498A , 325 , 323 , 406 and
125 against me.Because her extra marital affair with evidence, i don't want her to back in my life , I
am facing court trail from that time , .I have a boy child of 6 years who lives with her, i came to know
that before 1 Month ago she marries with another guy and living with him as her wife ... and even she
demanding settlement money to me to clear all court matters on me, I know where she go for second
marriage , i know the place with whom she lives but i dont have any physical proof of her second
marriage , Please Guide me What can i do to come out from all the matters and legally divorce from her
.., She goes with second husband and my child is at my father in law's place , they are not giving
custody of my child to me , they want settlement money to give my child back ,,, what can i do legally
to get divorse from her and get back my child , please guide me ....
Devajyoti Barman
(Expert) 26 April 2016
Case u/s 494 lies agaisnt your wife and her 2nd husband and case u/s 497 lies agaisnt her second husband.
So decide accordingly.
Advocate Bhartesh goyal
(Expert) 26 April 2016
Until and unless you have solid proof regarding your wife's second marriage during subsistence of first marriage,no case of bigamy is made out.
Rajendra K Goyal
(Expert) 26 April 2016
Collect proof of second marriage, illegal relationship, may take help of private detective.
Equipped with proofs, you have a good case in your favor.
VInod
(Querist) 26 April 2016
Thanks for response ... Please let me know which type of proof is required in court. As so many relatives of her and my , knows about her second merrage can I use them as a witness ... And anither thing i want my child custody ,how can get back my child from them .
D.S.RAMESH
(Expert) 26 April 2016
File a case for divorce and custody of child. Further you can file another case to quash the FIR.
Guest
(Expert) 27 April 2016
you will need proof to substantiate the facts you are asserting like adultery and bigamy. yes you could use witnesses to prove it too. If you can hire a private detective for photographs, do that. Now if they are living as husband and wife the neighbours would know too. so their testimony also could help. Because crimes like adultery are done in private circumstantial evidence is good. You should also seek help of a local lawyer who could help you in quashing those FIRs and getting divorce and custody of your child. Also file a complaint against the man for adultery and against wife for bigamy. I hope you have some solid proof of their second marriage.
V R SHROFF
(Expert) 27 April 2016
file criminal case of bigamy and adultery.
DEPUTE A VIDEO/ PHOTOGRAPHER TO GET EVIDENCE ; LET POLICE FIND THEM IN CLOSED ROOM.
HAVE WITNESS AND THAT MAN WILL BE BEHIND BAR FOR 7 YEARS!!!
VInod
(Querist) 30 April 2016
Again thanks Experts !! As i came to know Before filing case of begamy and adultery, I will go for video/photo proof and other solid proof, Let me know When I use police to find them in closed room , Before filing the fir or after fir , will police help me if yes then which police I contact the local police of my residence or the police where the my wife and his second husband lives , and will police help me to take the statement of their neighbours that they live together as a hus-wife ...
Sudhir Kumar, Advocate
(Expert) 26 April 2016
