How to prove for bigamy case

thanks for all for given suggesstion?

For your information, 2 years back his father passed away. and his mother is there, but she is not earning money and there is no property on my mother-in-law name

can i withdraw the MCD? since we agreed both, is it possible to withdraw myself without his consent?

court given next hearing in April 2012, if i am not attending for next hearing, what will happend?

or  i will attend the hearing and that time can i withdraw the MCD or shall i ask maintanance / ailmony?

@ Amit will you please provide us any judgements where SC or HC has asked FIL or MIL to provide maintenance or has auctioned thier property or bank accounts U/S Crpc 125 even if their son is alive and has deserted his wife ? I would appreciate if you could walk us through with this !

If you have filed consent terms for divorce in family/district court and it has clause/s for maintenance with a defined time and if that time period has elapsed file contempt application and the due process will get you your maintenance. If no defintie time period is drawn in clause/s of consent terms serve him a reminder notice through your lawyer and give him fix time for payment if he falters file for contempt.

I have full sympathy with you and I understand you still ..yes fight for right not to vent out your emotional outburst. Once divorce papers are signed two people are parted and free to live as and how they desire. You cannot file a bigamy case on your ex husband. 

Second motion happens between 6 to 18 months of filiing first motion. Either party can withdraw petition from the day of filling till 18 months.

If either party is absent for second motion after 6 months,court keeps giving next date till 18 months.

If there is no second motion till 18 months,petition is dismissed.

Both the persons are under legal marriage till second motion & divorce decree by court & if either of them marries during this period,bigamy can be filled by the other person.

@Shaheen,

Just because of first motion,both people are not free to live as and how they desire.

In this case it will futile to keep getting dates till 18 months.It will be better to withdraw the MCD petition & file for divorce on cruelty & dessertion grounds & apply for maintenance & get ex-parte divorce & maintenance.

As FIL is not there & mother in law is also not having any property,it will be difficult to execute maintenance order but at least she can get legal divorce.

Reasoning (colly) to subsequent rebuttals of writers in this post:-

1. According to HSA read with HAMA share in a Coparcenary Property can always be claimed by DIL. This is one way to activate civil relief in instance first brief read with her subsequent second brief facts already chip-chopped by my earlier reply message before this forum which few of you are questioning now. Further if FIL is holding PoA on any of husband's self acquired property (which off course a wife should find out) then she can also lay claim of her share to setoff pending maint. award by activating just civil relief.

[Your parents have any coparcenary Property or not plus you have any self acquired property or not is not subject matter of this query as it is this lady's query not yours.]

2. Yes, all those missing (deserted) husbands need to worry of coparcenary properties + their self acquired properties as their left behind wife have always societal rights over pending maint. claims on coparcenary and/or self acquired property by activating civil relief’s in case you neither contest nor interested to make appearance to her maint. claims. How come she is left hanging dry otherwise so all husbands will file MCD and leave their wife behind and appear in Thailand with their second wife and enjoy royal protection there and meanwhile your first wife is left behind in India is graying her hair approaching one court to another! I mean this is not done thing in touchstone of fairness, equity and natural justice principals. Reliefs must exists in law. Law follows society and this query is unfortunate query of our own society creating hence she need to be advised current relief’s available to her. Let her exhaust current options then only next set of relief she can opt in otherwise it will fall flat under weight of res-judicata principals.

3. I am not touching the last facts this queriest has brought before us now. Reason being this author has first of all not told us till now what are the terms and conditions agreed by them while approaching for MCD first motion? Is there one time or per month maint. agreement which she complains of in her very first post mentioned under MCD? A brief is a brief before us and without questioning authenticity and rest of the truths and falsity therein one needs to prepare reply which is just and that is exactly what I did to this query. Unless it is a paid service I am not interested to take briefs in open legal forums and would rather prefer to give hints within parameters of prevailing social Law that I understand and has passed silver tests in various Courts, now it is upto a queriest to take services and or approach some of my well reasoned ld. brothers' professional services after due diligence on her own. Free Legal Forums have limitations and they shall not be treated as Courts and Judgment debtors.   

{It is interesting to note you disagreed completely as you mention in opening reply of yours to my first advise but while ending your rebuttal you are agreeing to my own first advise steps that this lady is supposed to take J }

Further, no one questions this queriest from where maint. word seed came to her first query and atleast with such hyper replies (colly) the bigamy seed is out as one can’t see that in her last reply before us J


"Marriage is a book of which the first chapter is written in poetry and the remaining chapters in prose." So try to read between my lines in a open legal forum whose envelop is pushed without any professional fees / remuneration incentive to legal professionals and mounting pressure to join PRO services……..common Admin / Mods. this is too much commercial expectations without seeing return of our hard earned @ 499 p.m. J

Particularly my question is How to prove for second marriage,

he might have got second marriage, but i am unable to provide any document, so how i can prove in court?

@ Author
[our last bandwiddth reply]

1.       For launching bigamy case FIR is not required as per recent SC guidelines. Ld. brother Jr. Chugh has given sufficient inputs to your question in page 1.

2.       For proving bigamy prosecution side has to prove its case so it’ll examine produced 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 of marriage etc. if are shown then added benefit to your versions. The solemnization of the marriage needs to be proved in such case. The accused will then cross-examine the prosecution witnesses and so on so forth may happen in due course. Also remember mere co-habitation with a women by your deserted husband while marriage is not subsisting between you two will not draw charges of bigamy. We recently got quashed in P&H HC similar story planted by a errant wife who was neither willing for RCR (she herself filed for RCR) nor was ready to give divorce yet had the tenacity to launch bigamy charges against her husband out of frustration whereas her S. 498a IPC was recently quashed by SC.

3.       If you are planning for taking Hanuman’s leap then all our sympathies rests with you. Reason being you yourself donot know where your husband is and you yourself say in your first query a probability statement which is going to be fatal to your own case and I quote you “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.”

BTW (off the records to lighten up this query), did our ld. brother Jr. Chugh tell you even the caller tone of Sr. Chug (R.P. Chugh) mobile phone is a loud proclamation of his 25-year long crusade. Try calling Sr. Chugh (Supreme Court Advocate) on his mobile phone and it trills the song Mujhe meri biwi se bachao (save me from my wife) J J

Last time i invited  all. Just find one hema malini * dharmender couple out of a millions in India, who was punished  for 494??

Definition of Marriage, need pri condition. Eligibility to marry.

One a married man marry  again, it is not a marriage in the eyes of Law . It is invalid.

How can there be punishment, when he never married??

Legal loopholes. + deficiency to prove.

& children out f them are not illegal {SC} 

Even though the subsequent marriage is void, IPC 494 will be applicable.

494. Marrying again during lifetime of husband or wife.--Whoever,

having a husband or wife living, marries in any case in which such

marriage is void by reason of its taking place during the life of such

husband or wife, shall be punished with imprisonment of either

descripttion for a term which may extend to seven years, and shall also

be liable to fine.

Particularly my question is How to prove for second marriage,

photographs, witnesses, or video proofs any of them are must to prove he has married second time even without a divorce..

iT IS A PIPE DREAM.

It is pure imagination of the auther of second marriage.

better to concentrate on MCD and maintanace!!!

Ma'am, 

As I have written in my post..it is next to impossible..without a photograph and witnesses.....

And the fact is,  a person is attached to a marriage (Traditional)..with sindur, mangal sutra, sacret Bangles, and jewellery...throwing party..reception and all celebrations ONLY DURING THE FIRST TIME...

After the first marriage is broken and he has suffered in the hands of the wife (498a, DV and 125.etc etc)..he does not care about all the above stuff..he thinks about leading a peaceful life with the woman he wants to..

So, unless and until he is a fool..he will not do any thing (leave pics or witnesses)..and will be very diffficult to prove whether he has married or not...he may roam around right in from of you ...you will not be able to touch him...

In my opinion the section 494 exists to instill fear in the minds of those who intent to marry again wile the other spouse in living...so that they think twice...before doing such a thing..

I am in support of those who have suffered in the hands of their legally married wives or husbands..marrying (illegally) or living together with a new man/woman....

Lady, if you have suffered in the hands of your husband earlier....and it is needless to mention that you are suffering now, you find out the man of your dreams and live happily with him...at least wait till you find your man...and then the days will be yours...

For the time being...you follow our experts advise here...and find our ways so that you get some maintenance...do something new...learn something new...plan 50 things that you will do in the days to come (visit the website www.my50.com) so that you do not regret that you should have done something worthwhile rather than running to punishr a stupid husband...

Try something new in your life...

Best of Luck

Vikram

Ld.members..

dream or reality .... let it be naaa...

Its upon her what she requires to do with regard to the situation she has at hand ..

we can just advice her and we are here to give that only if am not mistaken..