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ark (sales)     10 April 2013

Bigamy by wife

dear sir,
i had married a widow in 2009 nov. ( registerd in register office). she was working in state govt office.. her husband died in road accident in 2008 february.she wanted to hide our marriage.. her age is 28 years.at that time. i was unmarried.. her parents knew about our marriage... her brothers were against her marriage.. i frequently visited her house when her brothers were not there... their parents supported us.. she had a boy from her first husband 1.5year old ( she was married in sep 2006)...

I supported her morally and managed to get her back from old memories.. i pursuaded her to write departmental tests...She got promotion in her job and from then their parents changed tried to avoided me... My parents did not knew about my marriage... after hearing the news that i was loving this girl they warned her nov 2011...I went out of town for the situations were not in my favour.. i had to look another job so i went to hyderabad in march-2012...
i used to call her she said situations not in our favour i will call you soon a year passed i came to know that she is married to another person...
she did not even inform me about it ( she got married in june 2012) . i had met her personally and called her many times in between june2012 and feb 2013... she hided her marriage with other person..i came to know about it in feb 2013... how to proceed against her for cheating & bigamy... we belong to scheduled tribes... she is threatening to file a harrasment case against me...... does law encourage scheduled tribes people to follow bigamy... our laws were formed in 1955..... now it is 2013... has law changed..

Married to her : 12/11/2009.
no photo gaphs of her marriage with other person. & my photograph with her..
we did not stay in single place...
we met frequenty in my house/ her house when alone..( we used condoms & pills to avoid pregnancy)... i want to fight against the system where women has legal rights while men become scape goats for it... kindly suggest..



Learning

 2 Replies

Adv k . mahesh (advocate)     10 April 2013

i had married a widow in 2009 nov. ( registerd in register office).

if you have certificate and proof of marriying another person you can complain in her office about her marriage 

proof means marriage photo to another person 

Shantanu Wavhal (Worker)     10 April 2013

she hided her marriage with other person..i came to know about it in feb 2013

what proofs do u have to show that she has performed 2nd marriage ?

u need to show - marriage photos, marriage cert., any other documents mentioning her 2nd husband's name as her husband, witnesses of her 2nd marriage.


if u dont have proofs of her 2nd marriage, then u have to file a case of Adultry; but again u need proofs.


without prima facie proofs no complaint from a husband's side will be entertained.

 

now regarding ur marriage, 

if u r ST, then HMA is NOT applicable to u.

ur own marriage with that widow is solemnized as per Special marriage act.

 

 

 

sec. 2 of HMA

 

2          Application of act

(1)       This act applies

(a)       to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj,

(b)        to any person who is a Buddhist, Jaina or Sikh by religion, and

(c)       to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein it this Act had not been passed.

Explanation: The following persons are Hindus, Buddhist, Jainas or Sikhs by religion, as the case may be:-

(a)       any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists,  Jainas or Sikhs by religion.

(b)       any child legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh  by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs; and

(c)       any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

(2)       Notwithstanding anything contained in sub section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless Central Government, by notification in the Official Gazette, otherwise directs.

(3)       The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.


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