Ms. Archana,
Kindly advise few questions that prosicution side asks to proove Bigamy ?
Thks n Rgds.
Ms. Archana,
Kindly advise few questions that prosicution side asks to proove Bigamy ?
Thks n Rgds.
Adv Archana Deshmukh (Practicing Advocate) 03 September 2010
Prosucution has to prove its case so it’ll examine witnesses to prove the offence such as persons who have attended the second marriage and will evolve the facts from their mouth as to when and how the marriage took place. Also the photographs etc are shown. The solemnization of the marriage needs to be proved in such case. The accused will then cross-examine the prosecution witnesses.
Mugundhan (Lawyer) 03 September 2010
I agree with advocate archana. The 2nd marriage ceremony has to be proved. Then only it will constitute the offence of bigamy.
Arup (UNEMPLOYED) 03 September 2010
story needed, otherwise only the court process can be said.
@ Sh Arup / Ms Archana
Story (mischief) is like this
A is married and his divorce case going on. A moves around during the pendency of divorce with C (a un married girl) and B who is wife of A files a bigamy case on B. A took C to a hotel one day and B got hold of reservation (registration) form of Hotel stay of A with C but Hotel reservation form only states 1 person and the name of A mentioned, now Hotel chaps called as witness from B (complainant) and witness states that only A stayed.... so in such situation what B's side can further cross Hotel person as this witness (recalled) to further proove to establish her side of case ?
I am looking for one liner para wise Questions based on above scenario.........
Well, in my opinion nothing can come out except a infrence and quote of such inference in other cases is it not so ?
Adv Archana Deshmukh (Practicing Advocate) 03 September 2010
The facts stated by you cannot prove bigamy. The above incidence if proved through the testimony of waiter or otherwise that A and C stayed in one room together at the most will give a cause of action for divorce on the ground of adultry, it can be used to attack the character of A but, it cannot by itself be a proof of bigamy, evidence of marriage of A with C should be produced for that.
Adv Archana Deshmukh (Practicing Advocate) 03 September 2010
The essential ingridient of bigamy is 'marrying again during the lifetime of the spouse while the first marriage is legally subsisting', so marriage needs to be proved. Just moving around with GF is not bigamy.
Arup (UNEMPLOYED) 04 September 2010
you are right. nothing come out in this case.
a & b husband and wife.
"A took C to a hotel one day and B got hold of reservation (registration) form of Hotel stay of A with C but Hotel reservation form only states 1 person and the name of A mentioned"
Analysis
1) A took C to a hotel
2) B got hold of reservation (registration) form of Hotel stay of A with C
3) but Hotel reservation form only states 1 person and the name of A mentioned
How, 'B got hold of reservation (registration) form of Hotel stay of A with C' where - "Hotel reservation form only states 1 person and the name of A mentioned" ?
...ha...ha...ha... prepare the story properly and once again.
bigamy is 'marrying again during the lifetime of the spouse while the first marriage is legally subsisting' - IT IS PERFECT.
raichandra1991 (agent) 18 September 2013
have 1 querries
a girl is marwari and her child marriage was done and when she got 21 her ghona was done and aftr tat she married to other person whom she love and she have certificate of tat marriage wit whom she love
but when they both went to police , to give a prove of the marriage then dey said its illegal her father say tat ghona was marriage and they have photo of tat ghona
what will b the solution in dis whom she will stay legally
gd dy (gd dy) 19 September 2013
fail to understand why she go for bigamy ? ADULTERY is also an punishable offense as well one get divorce on tht ground.
raichandra1991 (agent) 19 September 2013
who have to take a divorce