How to prove for bigamy case


we both filed Mutual consent divorce in court, court called both and we attended in court and we both accepted for divorce in court.

My husband got second marriage without getting divorce from me,

even i don't know where he got marriage and where he is staying now,

still he didn't accept for maintenance amount and not finalized, but now i would like to file a bigamy case over him, please let me know what are the documents / evidence  required to provide in the court to file the case. or shall i file a bigamy case without proof?

awaiting for your reply

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

File a complaint with the area magistrate u/s 494/495 IPC r/w 190(1)(a) r/w 200 of the CrPC. The court would insist on atleast little proof so as to satisfy itself its not a frivolous complaint. However the court on your request can get into a prelimniary enquiry itself or even order an investigation u/s 202. 

 
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Dear Sir Thanks for your reply. can i write a letter in paper and file with out proof? court will not ask any evidance? it is not required any proof like Photos / marriage certificate etc?
 
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Managing Partner

It is very difficult to prove second marriage...without a photograph or a certificate or a old preist as the witness in the temple where the marriage was solemnized...

 

If I am going for a second marriage...and If I am from Delhi..will go to a village in Tamil Nadu (Tamil Nadu because even of the language barrier)..and never leave a photograph..I will not even invorn all my realtives..god knows who might betry...

 

Also a different court will call upon a different jurisdiction...

 

Also I wll choose a temple where the preist is very old and by the time the police reaches for investigation..he may have started his heavenly abode..

 

Even if he is alive..he will not be able to communicate...even if he is called to court..he will not be able to tell the court in hindi or english...

 

You tell me now how to prove second marriage....

 

Vikram


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advocate

Some document may be collected from public authorities if new wife is registered therein as wife of your husband, as family register of your husband, voter list whether his name is entered as husband of her. Records of municipality. etc Court may order as priliminary inquiry as suggested by learned Mr. Bharat.

 
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Engineer

Hi Vikram

May be she can file a habeas corpus application to locate her husband. Once she comes to know of his location then she can try to get details of the other woman and her family. May be she may get some witnesses?


regards

Gopal

 
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Managing Partner

I knew, Habeas Corpus is a Writ or legal action, through which a prisoner can be released from unlawful detention, that is, detention lacking sufficient cause or evidence.

 

( I an not a lawyer and my minimum legal knowledge is only confined to 498A and DV)

 

Here the person is not unlawfully detained...How is Habeas Corpus realted in this issue...

 

He may roam around right in front of the wife...but how to prove..??

 

Can you kindly explaint...

 

 
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if the person get Marriage As Per Mr. Vikram, there is no way to provide evidance/ proof? please give me some advices to file a case over him badly i need to file a bigmany case over me till he accept to give my maintanance.

 
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Managing Partner

Madam,

I showed you the real picture....

If you need maintenance, you have to file an application u.s 125 CrPC for maintenance...he will be bound to get maintenance...

 

And you will get maintenance till the time you are married again or till the time you start working and start maintaing yourself...

 

And nothing else is required.

 

If you file any other case, he will start fighting back and it will become difficult for you ot get anything...he will become an enemy...

 

Do not create enemies but fight for your right..

 

Vikram

 
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