Bigamy

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
I would like to know legal position of a case.
A person married a girl l2 years back in Kerala as per the X-ian customs in a church.To marry that X-ian girl he was converting from Hindu to X-ian.He and his wife quarrelled by the reason that she could not give birth to a baby.After few years they satrted living seperately and she claimed some amount for maintanance from him.He did not gave any money and it resulted a police complaint.And he left to Kuwait and found another girl,who is a nurse, from same state Kerala and she got visa to UK.So they came to kerala and made some temporary register marriage in a different district and he also went to UK as her dependant.They started living together since 2004 as husband and wife and had 2 babies.And had register marriage in the local council in UK in 2009.Can prove that marriage.He never disclosed about the first marriage to anybody and he made fraudulent activities in UK then the victims came to know that he had an earlier marriage and that is not divorced.That victim made proper enquiries about the first marriage and met his first wife and she didn't know about the second marriage.He is a known preacher of Bible in Uk now.
The victims wish to file a case of bigamy.What are documents to be collected,where the case is to be filed.What will be the effect of the he wife should sign on the case etc?
Please advise.

Thank you very much.

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Guest (Expert) 08 May 2011
in this complaint can be filed with the proof of the first marriage and second marriage like snaps or video

PALNITKAR V.V. (Expert) 08 May 2011
it has to be proved that the first marriage was legal and still subsists. Then one has to prove that second marriage was performed.

prashant pundhir (Expert) 08 May 2011
Just lodge a complaint u/s494 IPC giving the address where he and her wife are living with the story . Rest work is of the police and not of your's .They will collect all informations from u.k.,your husband and second wife .You only give the proof that you are the first wife .

Guest (Expert) 08 May 2011
You may adopt the procedure as advised by Mr. Prashant.

Querist : Anonymous (Querist) 09 May 2011
Thank you Sir.
Is it compulsory to submit the complaint by his former wife itself?
Her brothers or any friend or a third can highlights the case and providing sufficient documentary proofs in the court is possible?
Recently only the first wife came to know that her husband remarried and have 2 kids.Because since 2004 he is in UK by living together with new wife and in 2009 legally married in local council in UK.
Please advise.

R.Ramachandran (Expert) 09 May 2011
The complaint against husband for 'bigamy' can be lodged only by either of the wives - first wife saying that he has married for the second time when the first wife was alive; the second wife complaining that he did not disclose that he already has a living wife. Other than these two persons, no one else can file the complaint.

Guest (Expert) 09 May 2011
WITH REFERENCE TO THE MATTER KINDLY NOTE THAT
1.THE PERSON IS INDIAN AND WAS MARRIED.HE CHANGED RELIGION AND REMARRIED .
2.KINDLY NOTE THAT AS HE IS INDIAN CITIZEN ,THE FIRST WIFE CAN FILE A COMPLAINT AGAINST SAID PERSON MENTIONING ALL FACTS.AS THE FIRST WIFE IS NOT DIVORCED ,THE SECOND MARRIAGE CAN BE CHALLENGED AND THE SAID PERSON CAN BE PUNISHED.
BUT KINDLY NOTE THAT MENTION ALL FACTS IN THE COMPLAINT AND GET THE SAME CAREFULLY DRAFTED FROM LAWYERS.GOOD LUCK.

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