How to prove for bigamy case

Dear Querist,

File a complaint with the area magistrate u/s 494/495 IPC r/w 190(1)(a) r/w 200 of the CrPC. The court would insist on atleast little proof so as to satisfy itself its not a frivolous complaint. However the court on your request can get into a prelimniary enquiry itself or even order an investigation u/s 202. 

It is very difficult to prove second marriage...without a photograph or a certificate or a old preist as the witness in the temple where the marriage was solemnized...

If I am going for a second marriage...and If I am from Delhi..will go to a village in Tamil Nadu (Tamil Nadu because even of the language barrier)..and never leave a photograph..I will not even invorn all my realtives..god knows who might betry...

Also a different court will call upon a different jurisdiction...

Also I wll choose a temple where the preist is very old and by the time the police reaches for investigation..he may have started his heavenly abode..

Even if he is alive..he will not be able to communicate...even if he is called to court..he will not be able to tell the court in hindi or english...

You tell me now how to prove second marriage....

Vikram

Some document may be collected from public authorities if new wife is registered therein as wife of your husband, as family register of your husband, voter list whether his name is entered as husband of her. Records of municipality. etc Court may order as priliminary inquiry as suggested by learned Mr. Bharat.

Hi Vikram

May be she can file a habeas corpus application to locate her husband. Once she comes to know of his location then she can try to get details of the other woman and her family. May be she may get some witnesses?

regards

Gopal

I knew, Habeas Corpus is a Writ or legal action, through which a prisoner can be released from unlawful detention, that is, detention lacking sufficient cause or evidence.

( I an not a lawyer and my minimum legal knowledge is only confined to 498A and DV)

Here the person is not unlawfully detained...How is Habeas Corpus realted in this issue...

He may roam around right in front of the wife...but how to prove..??

Can you kindly explaint...

if the person get Marriage As Per Mr. Vikram, there is no way to provide evidance/ proof? please give me some advices to file a case over him badly i need to file a bigmany case over me till he accept to give my maintanance.

Madam,

I showed you the real picture....

If you need maintenance, you have to file an application u.s 125 CrPC for maintenance...he will be bound to get maintenance...

And you will get maintenance till the time you are married again or till the time you start working and start maintaing yourself...

And nothing else is required.

If you file any other case, he will start fighting back and it will become difficult for you ot get anything...he will become an enemy...

Do not create enemies but fight for your right..

Vikram

Madam,

I showed you the real picture....

If you need maintenance, you have to file an application u.s 125 CrPC for maintenance...he will be bound to give maintenance...

And you will get maintenance till the time you are married again or till the time you start working and start maintaing yourself...

And nothing else is required.

If you file any other case, he will start fighting back and it will become difficult for you ot get anything...he will become an enemy...

Do not create enemies but fight for your right..

Vikram

both the ceremonial marriages have to be proven in bigamy case.

no proofs are required to file FIR.

as u want divorce, crpc 125 is enought to get maintenance from him.

@ Author

1. Your enquiry is truly a laywoman’s enquiry.
2. It seems you both filed MCD 'first motion' and without waiting for Decree in MCD proceedings your husband left you hanging dry and seems to have re-married and no whereabouts of his known to you. From your enquiry it also shows some one time or per month alimony or as maint. amount were agreed as some terms & conditions for MCD and since he has not kept his part of bargain on terms & conditions (probably) and is not in town now-a-days you are feeling truly aggrieved and in company of men and agents that you keep and above / previous pages super suggestions thus appeared to you query you are getting hyperactive!!.
3. In my opinion reading down your first brief before us and subsequent ‘resolve’ I say nothing (means no fruitful relief) can be achieved in your case till second motion in MCD happens. There is practically no relief you can seek till second motion and in my opinion second motion will happen only when he joins tailing with his advocate on record and/or via PoA and/or via video conference route which are the only three option both of you are having in hand to succeed in second motion during MCD proceedings. Otherwise all suggestions coming your way in above and previous pages are nothing but to keep you graying your hair and they in my opinion are not tested as having silver quality before Bench.
4. The only legal suggestion we will give you is to wait for second motion in MCD d-date. If he appears well enough fine otherwise this MCD will be dismissed and what we suggest now is to file a plain vanilla Divorce suit under cruelties grounds. Since he is not traceable you will eventually get ex party divorce after due process of court which national averages as to be 7-9 months and with your plain divorce suit file u/s 24 HMA maint. application and get it awarded expressly means on first - second hearings. The maint. application will be ex partied in your favour. During Decree stage in divorce proceedings at the time of it being ex-partied after your unilateral evidence are given file S. 25 HMA for seeking one time alimony. Hypothetically it will come in your favor too as ex party. S. 25 HMA and Decree needs to be Executed. These two can’t be executed via Execution court as you yourself donot know his whereabouts (ordinary residence service address is what we mean here). BUT I repeat BUT all these can be recovered from your FIL (in laws) by a simple civil proceedings if your In Laws have some property / assets / pension / PF in there name or surviving on some pension as you being their DIL of a missing husband (their son) has that Constitutional 'special rights’ already given in no. of Judgemnts of SC and various HC’s. The moment post decree in plain vanilla divorce and non executable maint / alimony Orders you put civil proceedings against your In Laws for recovery of thus awards "your missing husband" will now “appear” and that is where the nail gets rightly hit to the coffin.
5. Donot follow bigamy to HCP to keeping sitting tight to filing S. 125 CrPC and what nots thus advised as they are all futile and also bald legal exercise reason being you donot have a clue of his whereabouts (service address nor you being women can start your own detective agency to trace your deserted husband and that illusive second wife of his!!!)! With MCD pending you are not expected to file S. 125 CrPC and advise from few writers on this line to you ia s bald advise. HCP could be a option but then one needs a very smart advocate to speak in your favor continuously for 3 minutes before Bench and if he can’t then there goes for a toss out your HCP and loss of minimum Rs. 30 K with it. Follow there advise if your parents can financially support my ld. brothers legal fees and you have nothing else to do in life OR follow our para 4 stated hints in consultation with a smart family law advocate you will get your freedom and chances of re-marriage and starting fresh swiftly is what one should aim in once youthful years.

A persons freedom is more important than visiting corridors of Court till once hair turns grey. Hence seek your freedom and empower yourself first; law is with you.

@ Ld. Adv. Tajobsindia,

"BUT I repeat BUT all these can be recovered from your FIL (in laws) by a simple civil proceedings if your In Laws have some property / assets / pension / PF in there name or surviving on some pension as you being their DIL of a missing husband (their son) has that Constitutional 'special rights’ already given in no. of Judgemnts of SC and various HC’s"

Quoting your above advise to the Author same questions arises with lots of confusion in my mind. Especially me being LCI member for atleast couple of months now i myself have gone through tons of different judgements but never came across the one where DIL claims maintenance from FIL espcially if son is alive or absconding ? Upcourse if what you are advising has happened in past then it is surely a issue where victims such as us should start worrying about our parents property in india. Anything can be manipulated in court and could be presented in front of judge with lots of masala in there. How does DIL has right over MIL or FIL property/Assets/Income/PF ? Are you referring to DV recovery or is it all this can be recovered u/s crpc 125 ?

Completely disagree with Tajobs...

The son and daughter in law has no right on the fathers property....unless and until the father agrees to the matter...

The father may any moment throw the son and daughter in law out of the house...or may say "NO" to pay any money to the son..if he wishes to... If I am the father in law, I would say that both of them are highly notorous and have been threatening me since long for my property..and money...he may say that they have eye on my property and money..

The father in law may show is inability to pay...his pension may be very little...to sustain onseself in a metro city..and also has to keep mmoney for medical emergencies..being senior citizens..

In my oninion, it is only possible if the FIL is willing to pay..otherwise it is not possible..

Her only option is to get the MCD dismissed and file 125 CrPC..and file Divorce under cruelty grounds..

Vikram

i agree with Tajobsindia.