Prove bigamy

You can take private detectives help. Search in google for detectives. 

if you know the banquet hall where they got married try and see whether there is any copy of the wedding invitation in their records.even that will do.also take the help of detective as learned advocate had suggested

Originally posted by : Swetha
	Hello Forum, I am a woman of 29yr and have a baby girl of quarter to 3yrs. My husband left me after the 1st birthday of my daughter and got married to another girl without a divroce. I got to know about his marriage in March 2015 which was very late as he already have a baby boy. I know his residence and his wife family.. but they are all supporting him for this wedding.. I been to thr residence and did the video record where his 2nd wife admitted some informations like about there marriage, reception and the baby.. i collected the birth certificate from the Maternity home where she delivered a Baby.. but there he added name after his legal name.but, in the record it shows his contact number and his exact name. i know the banquet hall where they got married.. but my lawyer is stating that the reception photo is important for us to prove the Bigamy.. now i dont know how to dig out the wedding photos (But they have it in there house).. and none of his family members are supportive for me to get the details... can anyone help me to crack this and teach him a lesson...(PS: I decided to put a bigamy as he didn't agree for the divorce not for the maintenance for my daughter as well.. ) please help....

You better take divorce from him, all thhis bigamy proving etc with girl child in your hand will only make girl child future bleak, better find someone else and remarry for sake of girl child, he wont come back, even if it is proved in court about bigamy nothing much will happen than he will go jail, but all this is looooooooooooooooooooong process.   So take MCD from this good for nothnig.  BUt file 125 crpc to ask maintenance from him, that you do.

Thanks, but don't you think I have sufficient proof...

agreeing with gyan prakash sir advice

If your intention is to get divorce and appropriate maintenance for yourself and your child, you can achieve all these things by filing bigamy private criminal complaint case before the magistrate.  The evidence what you have will be sufficient prima facie evidence for the court to initiate criminal proceedings against him and once that happens, he will fall in line and accept your demands.  Before venturing into this criminal trial, if you wish to have the evidence "beyond reasonable doubt" as demanded in criminal case, then as suggested above by some of my friends, engage a detective and he will find out the photographer who photographed / videoed the function and get you that proof.  DNA proof of the child of second wife hits the nail on the head and you will clinch the issue.  Alternatively, in private complaint you can move Section 156(3) application seeking the direction to the local police to investigate and report to the court.  The police, once directed by the court, can dig out the evidence to prove the case.

Thank you so much Gyan Prakash for the valuable advice but here the issue is he is not ready to give the divorce nor the maintenance.. @ Advocate Prabhakar, sir I really appreciate your valuable response on my case... so you mean to say I can file a bigamy case before the magistrate?? if I do so, do I get the divorce with the court procedure?? example.. the consultation etc...

Swethaji,

You hire a detective he will get all proof required to prove bigamy, also simultaneously hire a good lawyer. Your husband has to give maintenance for his child and he cant escape from that. Advocate Prabhakar has nicely adviced you. You need to fight it out, battle is tough and time consuming but at end you will get maintenance. Once that is achieved let him live his life and you find peace by moving on.

Once you are done with collecting evidence and filing the case he will come for SETTLEMENT/compromise.

 

Originally posted by : Swetha
	Thank you so much Gyan Prakash for the valuable advice but here the issue is he is not ready to give the divorce nor the maintenance..

Swetha,

 

Finally what is going to happen is, warrant will be issued for nonpayment of alimony if court has ordered under 24 hma or 125 crpc to pay alimony, if he does not come to court, maximum NBW can be issued ie non bailable warant, if he get caught he wont be let out easily, but if he does not have any money then court will eventually let him go as he is a pauper.  Even if he goes untraceable you only should provide his address to court and see to it that notice for appearing in court is served at that particular address, and even then if he does not recive the notice from court you cannot do anything other than giving paper notificatino or pasting the notice on his door (last given address).

 

And each arrest and stay in jail for 1 month, old balance of maintenance is written off.  He will go to jail, but you wont get money, but as you are wife you will have to pay money to jail for maintaining him in jail.

 

With regard to divorce, you can apply for divorce, and as you are woman, court will automatically give divorce to you as he does not appear to be interested in you anymore.  Appointing a private detective is useless. he or she will take some more money, and lawyers will they do it for free? they also ask money, if you cant, then some lawyer will suggest you to take help of free government legal aid, and you very well know how government employees work [Apart from Ujwal Nikam].

 

Jokes apart, even if you catch hold of detective and get DNA sample of his son, it is a very difficult and lengthy process to prove bigamy, even if proved, he will go for High Court or if he wont appear in court, court cannot do anything.

 

Eitherways it is fruitless to pursue all this, simply you will be roaming to court, but apply for divorce, that you do.

Other than that register yourself in some matrimonial sites and start looking for suitable match who can not only take care of you but also your child.  Faster you take decision, better it is for you and the kid, if you marry now, kid will assume new partner as its own father, if you delay, lot of questions will rise and simply young mind will get corrupted. Time and tide wait for none.

 

All options have been explained.

 

 

All the best.

Initially the evidences U have mentioned at UR disposal like the video recording and the birth certificate of the baby are enough for U to file a case under bigamy.Consult a good woman family lawyer and proceed.Subsequently U can gather further evidences.and produce them.Don't waste UR valuable time before UR husband plans something else to get rid of U.

If your predominant interest is to get divorce, then while pursuing private criminal complaint against him for bigamy, subsequently you should also file divorce case on the grounds of cruelty and adultery in the Family court. Prabhakar - Advocate (M)9958670740 Legal Aid Panelist - Central Delhi (Tis Hazari).