KA Nathan 12 November 2018

Bigamy Evidence

A wife gets secretively married while the Divorce case filed by husband is in Court. There are no evidence to Prove marietal rituals are performed. Everybody in the neighbourhood knows they are living as couple together in the Brides (ex wife) home. Can husband complaint it under IPC 494 during the trial in court, as Bigamy? What are the acceptable evidences to prove that criminal offence and land her in Jail for few years? Thanks.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 November 2018

In bigamy cases while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed as it is for the trial court to decide the veracity of the allegations, the Supreme Court has held.

KA Nathan 12 November 2018

Thank you for the reply. So, the husband can inform this during his Divorce case trial, if the wife got married again. Though he has no proof. Court will decide it right?.

KA Nathan 12 November 2018

Thank you for the reply. So, the husband can inform this during his Divorce case trial, if the wife got married again. Though he has no proof. Court will decide it right?.

ANAMIKA VICHARE (LAWYER) 13 November 2018

My learned friend has given very good advice. Appreciate. But what I feel that taking into consideration the long time consumption, it is not advisable for filing bigamy case. As otherwise, you have filed divorce case. Therefore, just collect some proof or witness to state about her illegal marriage or cohabitation so that you will definitely get divorce decree. Do not go for more n more litigations, you will only waste your time, energy, money and mental peace and you will get nothing in hand. Such bigamy criminal case takes years to years. For further confidential advice please contact : 7506552608