Bigamy


MY DAUGHTER IS MARRIED SINCE 10 YEARS. SHE COULD NOT GIVE BIRTH TO A CHILD BECAUSE OF SOME MEDICAL PROBLEMS WITH MY DAUGHTER WHICH WERE DIAGNOSED AFTER A LONG TIME AFTER HER MARRIAGE.  

MY DAUGHETR AND SON IN LAW THEN ADOPTED A GIRL CHILD LEGALLY ABOUT 5 YEARS BACK. BUT MY SON IN LAW NEVER SATISFIED WITH THIS RELATIONSHIP EVEN AFTER ADOPTION OF GIRL CHILD BECAUSE OF HIS DESIRE TO HAVE HIS OWN MALE CHILD.

THEN HE GOT IN A RELATIONSHIP WITH AN ILLEGITIMATE KEEP / WIFE FOR LAST 2-3 YEARS OR SO  IN A SEPERATE HOUSE AND HE HAS ALREADY GOT A MALE CHILD AND HIS KEEP IS PREGNANT NOW FOR DUE DELIVERY OF SECOND CHILD VERY SHORTLY.

THE ABOVE FACTS WERE DISCLOSED TO MY DAUGHTER JUST A MONTH BACK BY HIS HUSBAND HIMSELF.

MY SON IN LAW IS SAYING THAT HE WILL MAINTAIN BOTH MY DAUGHTER AND HIS KEEP BUT HIS INETENTIONS SEEMS VERY DOUBTFUL BECAUSE OF THEIR RUDE BEHAVIOUR.

MY DAUGHTER IS NOT WILLING TO GIVE DIVORCE BECAUSE EVEN AFTER DIVORCE HER LIFE WOULD NOT BE SURE AND SHE WILL HAVE TO TAKE CARE OF HER ADOPTED GIRL CHILD ALONE.

MY SON IN LAW IS SAYING THAT HE CAN NOT LEAVE THE ANOTHER LADY WHO HAS GIVEN BIRTH TO HIS CHILDREN.

WE WANT TO FILE A BIGAMY CASE TO PUNISH HER HUSBAND AND WE HAVE GOT THE BIRTH CERTIFICATE OF THE FIRST CHILD IN WHICH NAME OF THE FATHER IS WRITTEN SAME AS OF THE HUSBAND'S NAME AND NAME OF THE MOTHER IS WRITTEN AS THE NAME OF HIS SECOND WIFE. ADDRESS IS WRITTEN AS WHERE THEY WERE STAYING ON RENT IN THE SAME CITY.

WOULD THE ABOVE BIRTH CERTIFICATE WOULD BE SUFFICIENT TO SETTLE THE BIGAMY CASE IN OUR FAVOUR OR SOME MORE EVIDENCES ARE REQUIRED ?? WE KNOW THEIR PRESENT ADDRESS WHERE HIS SECOND WIFE IS RESIDING.

WE HAVE HEARD THAT SOME NEW LAW HAS BEEN FORMED IN WHICH CEREMONIES OF SECOND MARRIAGE ARE NOT REQUIRED TO BE PROVED ??

KINDLY GUIDE US SO AS TO WIN THIS CASE IN MINIMUM POSSIBLE TIME FRAME.

PLEASE TELL US WHAT MORE LEGAL OPTIONS ARE  AVAILABLE WITH US SO AS TO HARASS HER HUSBAND TO THE MAXIMUM.

 

KINDLY HELP US OUT.

 
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Practicing Advocate

Is the second woman the wedded wife of your son in law or just living with him in live-in relationship?

For proving bigamy, the necessary ceremonies of 2nd marriage are to be madatorily proved. Mere filing of birth certificate of his illegitimate children will give an inferance of adultery on his part, but is not sufficient to prove bigamy. So, collect the evidence of 'marriage' if you want to prosecute him for bigamy. Whatever you have heard about the said 'new law' where marriage ceremonies are not required to be proved in bigamy,  is not true (at least there is no such law till today).

Your daughter can obtain divorce from her husband on the ground of adultery.

Before taking any steps against your son in law, do take consent of your daughter, bcoz as you say your daughter does not want divorce from her husband. So, any step taken against the SIL by you will further strain the relationship between he and your own daughter. So, take her in confidence before doing anything. If your daughter is ready for divorce then, take one time alimony from your SIL and get her remarried.


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We do not know whether they have properly wedded or not but at least they would not have left any evidence of marriage in open which can be collected by us. The locality in which they are living at present, they are being known as Husband-wife only.

What evidence can be collected to prove their marriage ??

My daughter was very faithful to her husband and truly loved him and now wants to take revenge by residing in their home and keeping all the legal options OPEN. If she leaves that home, her husband would be quite free to enjoy the life and she would be left with a distressed life. She does not want to remarry at present !!!

The house in which my daughter is living, that house is in name of her Mother-In -Law and my son in law is not having any properties or assets in his name.

My daughter is doing private job and can sustain herself.

 
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Worker

u have a strong case of Bigamy (494), adultry (497), cheating, and 498a too.

first wife is legally wedded wife and has all the rights.


however, instead of being REVENGEFUL, follow the advise of adv. Archana Ji.

 

For proving bigamy, the necessary ceremonies of 2nd marriage are to be madatorily proved (its a matter of TRIAL). Mere filing of birth certificate of his illegitimate children will give an inferance of adultery but is not sufficient to prove bigamy (this much is sufficient for issuing process against the accused).

 

Bigamy is a Complaint Case, it will take eons together to conclude the case. and 2nd marriage has to be proven beyond reasonable doubt - for this the birth cert. will be helpful


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THEN HE GOT IN A RELATIONSHIP WITH AN ILLEGITIMATE KEEP / WIFE FOR LAST 2-3 YEARS OR SO  IN A SEPERATE HOUSE AND HE HAS ALREADY GOT A MALE CHILD AND HIS KEEP IS PREGNANT NOW FOR DUE DELIVERY OF SECOND CHILD VERY SHORTLY.

how come he know that she is giving birth to male child this itself is a crime before delivery he came to know that she is giving birth to male child

WE WANT TO FILE A BIGAMY CASE TO PUNISH HER HUSBAND AND WE HAVE GOT THE BIRTH CERTIFICATE OF THE FIRST CHILD IN WHICH NAME OF THE FATHER IS WRITTEN SAME AS OF THE HUSBAND'S NAME AND NAME OF THE MOTHER IS WRITTEN AS THE NAME OF HIS SECOND WIFE. ADDRESS IS WRITTEN AS WHERE THEY WERE STAYING ON RENT IN THE SAME CITY.

here you say about the birth certificate the second wife (keep) name how she came in picture 

 

as per your words if your daughter wants only settlement wihtout any divorce means she has to settle with her husband and take some settlement like one time settlement (money), take any property on adopted girl child for her future, as your daughter is working means 

if she is planning to file any cases as mentioned above means totally the realationship of her and her husband will be stranded and no husband will stand behind her after wards 

let her talk to her husband and make some settlement to the adopted daughter by dpositing or making any property on her name 


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RESPECTED ADV. ARCHNA, One of my friend man marries with divorecee lady, she said she is divorecee but after marriage comes to know that she has not any divorece from any court  by  matually signed divorece deed at sub registrar office., but after one year again she left the husband house  with her daughter ( the daughter from previous first husband/no any issue from my friend ), She has filed 498a and maintaince case against my friend 9 on previous husband also she filed 498a and maintaince, Now we got legally documents) .Now my friend comes to know that she has taken admission of her daughter shown new name of child father  not gaurdian., pls adivse what is my friends condition, whehter we pay money,or do ny legally against her? Pls advise. Thanks

 
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Practicing Advocate

@ heral,

It is for your friend to decide whether he wants to fight out all the cases on merit or pay her money and go for a compromise. Court cases do take time and patience is required for the same, so let your friend decide that issue. Legally speaking, your friend can seek a decree of nullity from the civil court / family court.  He can also seek injunction against using his name as a biological father of her daughter. Give a written application in the school also.

Fight out the S. 498A case properly with the help of a competent advocate with all the evidence.

 
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@Heral

Get hold of the first husband and ask him to file bigamy charges on the lady. You provide the proofs of the second marriage. She will go to jail. Both of you guys problems will be solved.

 
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THANKS

WHAT MORE CONCRETE EVIDENCE CAN BE COLLECTED TO PROVE BIGAMY.

HER IN LAWS ARE NOT COMING TO COMPROMISE AND ARE JUST NOT READY TO GIVE ANY MONEY / PROPERTY OR SHARE IN PROPERTY. THEY SAY THAT SHE CAN RESIDE HERE BUT HAS TO BE COMPLIANT TO HER HUSBAND ALWAYS.

WE WISH TO LINGER ON WITH THE SITUATION AND IN THE MEAN TIME WANTS OUR CASE TO BE ROCK SOLID FOR CONVICTION AT THE EARLIEST.

IS THERE SOME MANDATORY REQUIREMENT OF WITNESSES / PRIEST / PUNDIT FOR PROVING SECOND MARRIAGE. CAN' T THOSE BE ARRANGED ??

CAN WE ALSO FILE THE CASE OF DV , DOWRY, ATTEMPT TO MURDER ETC. SO AS TO GET THEM TO COME TO SOME COMPROMISE ?

PLEASE ADVISE

 
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Worker

WE WISH TO LINGER ON WITH THE SITUATION AND IN THE MEAN TIME WANTS OUR CASE TO BE ROCK SOLID FOR CONVICTION AT THE EARLIEST.

IS THERE SOME MANDATORY REQUIREMENT OF WITNESSES / PRIEST / PUNDIT FOR PROVING SECOND MARRIAGE. CAN' T THOSE BE ARRANGED ??

CAN WE ALSO FILE THE CASE OF DV , DOWRY, ATTEMPT TO MURDER ETC. SO AS TO GET THEM TO COME TO SOME COMPROMISE ?

 

malafide intentions will never be fruitful.

there is no limit to filing false cases.


opt only for that relief, which u really want.

 
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