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surekha Chowdary (teacher)     04 July 2009

help me

hai pl help me,

my  hindu husband married a muslim girl 1 year back.i am a hindu married in 2005 ,i have  a daughter.what proofs should i produce in court to prove bigamy.i have a photo of him with that muslim girl and their daughter she delivered recently,



Learning

 5 Replies

Adv. Amita A. Virkar (Advocate)     04 July 2009

Ma’am  first u hv  to prove the court about  ur marriage with that person by producing ur marriage certificate before the court. Than if possible try to find out whether ur husband’s 2nd marriage is registered or not. And proof of tht marriage i.e. marriage certificate and the birth certificate of tht new born child born out of his 2 wedlock..as per my opinion these doc. will Help u a lot…

Adv. Deepak (Advocate)     04 July 2009

Ms. Surekha, Advocate Amita Virkar is absolutely right.  If you do not get marriage certificate of 2nd marriage of your husband, then you can take witness of the persons who were present at the marriage ceremony.  Also, you may find out any record that he has been converted to Muslim religion.  Even after getting the birth certificate of the child borne out of 2nd marriage of your husband, that will establish that your husband has got a child from that girl.  However, it will not prove the fact that your husband has married that girl, which you will have to prove specifically and beyond all reasonable doubts.

Adv. Amita A. Virkar (Advocate)     05 July 2009

Mr Deepak,

i think the mulla or maulavi who solemnised 2nd marriage of her husband is good witness...

Adv. Deepak (Advocate)     07 July 2009

Adv. Amita Virkar,  You are absolutely right.  However, I am afraid the Mulla or Maulavi who solemnised the second marriage will give evidence in favour of 1st wife of the husband.  The question will arise whether they have checked that the husband is a muslim by birth or by convert.  In the later case, the question will also arise whether they have checked that he is not having any living spouse before convering him to Islam.  If they have not got into the details, they are liable for criminal action against them.

Adv. Amita A. Virkar (Advocate)     08 July 2009

yaa...u r right...txs


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