Dear All,
Our divorve process in now contested and the proceedings are goin on..
Now my hubby staying at abroad and plaing different game for not to pay maintenance to me..
On the other way, now I heard that he already took another girl from India as his servent and keeping with him..And now he has a baby from that girl too..How he is managing in abroad with this girl (which visa) that I dont know.. Now I filed bigamy case against him..but all say 7 year jail and he will get convicted..
But nothing happeneing..court is asking proof..he never married that girl and simply run away, then how should I provve that?
I just read here that he will get punished but in reality wheather they really get punished or simply case goes on ?
I want he should get punished as the way he cheated me?
Now court and my lawerer is asking for proof..? how to get proof?
Now I read in internet and found that...
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Proof of Second Marriage
The supreme court has laid down that proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties is absolutely essential and a must for conviction for bigamy and that mere admission on the part of the accused that he had contacted second marriage was not enough and that such admission is not evidence for the purpose of proving marriage in an adultery or bigamy case. in customary marriage, where custom is not pleaded, living together as husband and wife would not enough. But where in the case it was proved that dola was brought, bhanwar ( saptapadi ) and kanyadan had taken place, the full vivah was read out and the marriage was performed by a purohit, the marriage must be held to have been duly solemnized.
In a Hindu marriage, where a Hindu marriage is performed according to religious rites, performance of homa and saptapadi are essential and where they are not proved to have been parformed it cannot be called a solemnised marriage under the section. To prosecution person under Section 494 I.P.C., there is nothing in the act forbidding a prosecution for offence punishable under Section 494 of penal code not preceded by declaration obtained under provisions of the act that second marriage is void. Second marriage must be legally valid marriage so as to come within mischief of Section 494. The word ' solemnize ' means in connection with a marriage, ' to celebrate the marriage with proper ceremonies and in due form', according to shorter oxford dictionary. It follows, therefore, that unless the marriage is ' celebrated or performed with proper ceremonies and due form ', it cannot be said to be solemnized '. it is therefore, essential, for the purpose of Section 17 of the act, that the marriage to which sec 494, I.P.C applies on account of the provisions of the act, should have been celebrated with proper ceremonies and in due form. Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make the ceremonies prescribed by law or approved by any established custom.
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Indian laws are very meshed up? like this how to prrove that he is married?
Can I request for DNA test of baby?
What are the other way to prrove that he is guilty and let him get court?
