Marriage status???????
aisha
(Querist) 12 November 2010
This query is : Resolved
I have moved an application for declaration of wife's name in distt court to order department where my husband has given wrong wife's name to order them to update wife name ie me. Respondents are that department (state govt), my husband. Now my husband has filed reply denying the allegation and saying that i dont have any legal relation with him and he is married to that other women only and he has rightly given her name as she is his wife. He is alleging that he was under impression that he got married to me on 23/8/1996 thats why he filed divorce pet in 2006 , but he is alleging that i denied that marriage in the court ( there is one my reply to divorce pet where it has been denied by mistake , but when my evidences were recorded on later stage i had admitted my marriage on july 1996 as well as 2005 )and said that i said that got married to him on 30/8/2005 only, thats why he withdrew that divorce case.THe fact is that he withdrew case after high court order to enhance my maintenance And that i forced him to contract marriage on 30/8/2005 and that marriage cant be legal as he is already married to other lady on nov 1996.
He is just messing up the case.I have also filed bigamy complaint in another court. I am also getting maintenance in domestic violence case since 2008 and also pending same revision in highcourt for enhancing amount.
Now i am very disturbed , i dont know what going to the fate of my cases and me?
Can anybody keep on changing statments like this ??
Is not he liable to be punished for all this ???????
Plz also gothrough my earlier querry which i am also coying heredown.
(I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he has given her name "other lady" in difeerent documents when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit giving his / wife property details to Election Dept in Sep 2009.
While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents
That lady has also made voter card with husband as my husband
While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
He has completely ruined my life.Now i want to file case against my husband and also that other lady
My querries :
1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)??????
2. if i file bigamy case, can i make other women party or witness
3. can any offence is made out against other women
4. what other action i can take againt both of them )
Raj Kumar Makkad
(Expert) 12 November 2010
In the given matter, it is the fittest case of not only bigamy but also the contempt of court. You should immediately file this criminal case against your husband as well as another lady claiming herself as married to your husband. The evidence wherein sessions judge has opined that this is the case of bigamy is more than sufficient to move ahead. Your counsel shall definitely take all these evidence in his consideration while moving further action. Your civil suit shall also be decreed and you shall only be entitled to be named as legally wedded wife of your husband.
Arun Kumar Bhagat
(Expert) 14 November 2010
You have enough evidence to prove the case of Bigamy. You can not proceed against other woman.
Khaleel Ahmed
(Expert) 18 November 2010
YOU have stated that,While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
Need not necessary to prove again and again about the offence once declared by the Add Sessions Judge in his findings.You can initiate a criminal proceeding against him for the offence of bigamy before competent court.
