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Sapna   08 June 2019

Evidence for arrest

My husband left me and started living with another girl without getting married. He also has a child from that girl. I recently went to his new house where he is living with that girl 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? Will I also be able to divorce him using these recordings as evidence?

Please let me know.

Thanks.



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 6 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 June 2019

Hello Sapna!

As you have said that he is residing in new house with a lady and children. You can have ample materials as an evidence, such as affidavit of neighbours, the agreement of the flat, school documents of the child, if the child is in school or birth certificate of the child.

Furthermore, if the Spouse is alive then it is not permissible to do second marriage without obtaining divorce, hence it is a punishable offence. Thus, you can file FIR against him for his wrongful action.

Hope you have got solutions to your doubt. For any furthe clarrification, you may call on below given number.

 

Regards

Adv. Rohit Dalmia

9324538481

S.JEEVAGAN, Madurai. (Advocate, High court )     08 June 2019

Your husband can be prosecuted for the offence of Bigamy.. You can also prosecute the other girl along with your husband. It is a good ground for divorce, if you want so. For clarification of all relevant legal doubts, feel free to send your queries, to my e-mail : jeevaganadvocate@gmail.com

Sapna   09 June 2019

Originally posted by : S.JEEVAGAN, Madurai.
Your husband can be prosecuted for the offence of Bigamy.. You can also prosecute the other girl along with your husband. It is a good ground for divorce, if you want so. For clarification of all relevant legal doubts, feel free to send your queries, to my e-mail : jeevaganadvocate@gmail.com

 

He is not actually married with another girl. He is living with her without getting married. is it a bigamy offence? Can I still get him arrested in bigamy charges if he is not actully maried to another girl but living with her as her husband?

Thanks.

Sapna   09 June 2019

Originally posted by : Advocate Rohit Dalmia
Hello Sapna!

As you have said that he is residing in new house with a lady and children. You can have ample materials as an evidence, such as affidavit of neighbours, the agreement of the flat, school documents of the child, if the child is in school or birth certificate of the child.

Furthermore, if the Spouse is alive then it is not permissible to do second marriage without obtaining divorce, hence it is a punishable offence.

 

No, He is not married to another girl but living with her as her husband so second marriage didn't actually take place.

I can get the documents you mentioned (Affidavit of neighbours, the agreement of the flat, school documents of the child or birth certificate of the child etc.). Are these documents good enogh for proving solemnization and bigamy charges while marriage didn't happen?

Can I prove bigamy (without second marriage) on the basis of these documents?

Thanks.

Adv Rohit Dalmia 9324538481 (Lawyer)     09 June 2019

Fine. Not married but living like a husband and wife only? If yes, then neighbours would feel tht they are husband and wife only.

So you have a good case on merit to prove for seeking divorce and also prosecute both of them.

Regards

Adv. Rohit Dalmia

9324538481

Shashi Dhara   09 June 2019

If u go to court it takes years to finish only roaming to court only nothing happens.i have also filed this type of litigation no case has ended no one has sentenced for bigamy or poliyandary or adultery.they simply roam from court to court nothing happens waste of time ,money ,mental agony. Now I have noticed no Dvocate is ready to fight for justice to clients becoz they have also disgusted.it is so Ur choice to go to court or not

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