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Sapna   17 May 2019

Bigamy charges

My husband left me and started to live with another girl without marrying her and without giving me divorce. He has told everyone in his neighborhood that he is married to that girl while he is not.

As he is not married to that girl, can I still file bigamy charges against him and get him arrested? How can I prove bigamy charges while he is not married to her. If some of his neighbors say in the court that she is his wife and he told it to them, will it be enough to prove bigamy charges? Is it not crime to stay with another girl while you are already married? Is there nothing I can do against him for living with another girl if he is not married to her? What if I find that he also have a child with her? Will it make my case stronger? What can be done in that situation?

Please help.

Thanks.



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 May 2019

Dear querist as per your query your husband' marriage with other woman comes under bigamy.  so consult a local experienced advocate for further guidance.

Vijay Raj Mahajan (Advocate)     18 May 2019

Your husband didn't marry the other woman and just has been in live in relationship, no charge of bigamy can be made against him. The proof of both his Marriages required for filling the criminal complaint case against him which doesn't exist. The woman get pregnant and give birth to child is no proof of marriage, a child can be given birth even without marriage. What is important in bigamy criminal complaint case, proof of both marriages and nothing else, you don't have that, then just forget filling criminal complaint case for bigamy.
2 Like

Shashi Dhara   18 May 2019

If they r married u have to obtain proof thru other sources i.e in ration card, voter ID,adhar card ,bank account address of 2nd wife mentioning that w/o if not it is hard to prove bigamy

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     21 May 2019

unless you prove with evidence that has married and has a child from that lady you can file the case of bigamy and arrest him

Sapna   01 June 2019

Originally posted by : Vijay Raj Mahajan
Your husband didn't marry the other woman and just has been in live in relationship, no charge of bigamy can be made against him.
The proof of both his Marriages required for filling the criminal complaint case against him which doesn't exist.
The woman get pregnant and give birth to child is no proof of marriage, a child can be given birth even without marriage.
What is important in bigamy criminal complaint case, proof of both marriages and nothing else, you don't have that, then just forget filling criminal complaint case for bigamy.

 

Thanks for reply.

I recently went to his new house where he is living with another lady and had a verbal fight with him. I recorded all conversation in my mobile in which he is saying that they are his wife and children. He said he married her in front of god in a temple and accepted her as his wife. That another girl also said that I should stay away with her husband. Basically both verbally accepted their relation and I have the recording of it in my mobile. Is that enough proof / evidence to get him arrested or file bigamy charges?

Please let me know. 

Thanks.


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