Urgent
jas
(Querist) 14 August 2011
This query is : Resolved
my husband married in november 2010 to other woaman in his native place in the presense of 500 people.
he was married to me in arya samaj mandir in 2008 and we 6 months old son.
he has not left any proof with me.
i have duplicate of marriage certificate of that which given to us by arya samaj mandir and couple of photographs.
i have his reception photos with other girl and my sons birth certificate.
i stay with my parents in punjab and he stays with his wife and mom in chennai.
wat should i do?
jatin sharma
(Expert) 14 August 2011
don't worry you can go to local police station of chennai where he is residing with other wife and give facts of the case to them without any hesitation. i hope they will help u acc to law.
sibasish pattanayak
(Expert) 15 August 2011
Dear author Jas,
as per my legaal opinion u hv to file a case u/s, 498A of IPC at the actual place of offence as committed by ur hubby only(it may be at panjub or at chennai as the case may be)with a prayer for justice / punishment of wrong doer.it has positive side in criminal case, on nthe other hand it has also NEGETIVE SIDE from yours end coz either u hv to stay there or u hv to visit frequently for the purpose of investigation & trial till the disposal of said case.
if it is convenient to u then u shall proceed wth this proceedings.
BUT I STRONGLY PRESUMED THAT U ARE STAYING AT UR FATHERS HOUSE AT PUNJAB , IF IT IS CORRECT THEN U MUST FILE AN APPLICATION U/S 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 WITH A PRAYER FOR RELIEF U/Ss,18/19/20/21/22 r/w s.23 for exparte interim order , which u can obtain wth in 3 days.pl contact wth good advocate in ur area.regards, SIBASISH PATTANAYAK,ADVOCATE. KOLKATA,09874854594/09231668664/09477090999.OR MAIL ME:sibasish_adv@yahoo.co.in
Ravikant Soni
(Expert) 15 August 2011
You should file a complaint of bigamy under section 494 of IPC. Certificates, photographs and birth certificate are suffice to prove your first marriage. Try to get oral testimony of witnesses of both marriages.
In the meanwhile complaint under DV act may help you.
Ravikant Soni
(Expert) 15 August 2011
Jurisdiction of filing of complaint under bigamy is any of place where any of the both marriages soleminised.
M/s. Y-not legal services
(Expert) 15 August 2011
Rightly advised by mr.pattanayak. Since your place is differ your have problem to proceed your case.
james bhatti
(Expert) 16 August 2011
You can file:
1. a complaint with the police for bigamy under ect 498-A IPC.
2. File a complaint before the Magistrate for your and your child's maintenance under section 125 Cr.P.C.
3. AN APPLICATION U/S 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 WITH A PRAYER FOR RELIEF U/Ss,18/19/20/21/22 r/w s.23 for exparte interim order , which you can obtain within 4-5 days.
If the marriage was solemnised in Punjab, you need not go to Chinnai. File these cases in Punjab only.
girish shringi
(Expert) 17 August 2011
You can file cae in Punjab,and proceed accordingly.
Arya samaj marriage certy's copy will do as evidence.
