dual marriage

vinita (Querist) 18 February 2011 This query is : Resolved
vinita says : dual marriare
sir, i wanted to know that how to get information about a couples matrimony status,as the couple are living in for about 20-25 years and the woman in this relationship is divorced/widow and the man in this relationship who claims to be her husband is already married to another women and having 2 children the women {widow}claims that she is his first wife and they married at arya samaj mandir 20-25 years back but if its a lie then the relationship will be considered as illegitimate as in hindu law two marriages are not allowed so how to get the truth reveled please help me sir

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Khaleel Ahmed Mohammed (Expert) 18 February 2011
Police complaint may be lodged against husband.

vinita (Querist) 18 February 2011
sir,whether the person complaining should be a relative or compulsorily one of his wives?

Arvind Singh Chauhan (Expert) 18 February 2011
I disagree with Honourable Khaleel Sir. As being a offence relating to marriage Chapter XX of I.P.C. and Sec 198 of Cr.P.C. Police can not interfere or investigate in this matter and court also can't take cognizance except on the complaint filed by aggrieved person.

You can collect the proofs through Ration card record, Voter list record, and Municipality records, school records of parents etc. Through checking husband and wife's names in records and date of entry in these records. Oral testimony is also relevant in such matters.

vinita (Querist) 18 February 2011
yes sir, i agree with you as under section 198A prosecution of offences under section 498A of IPC: no court shall take cognizance of an offence punishable under section 498A IPC [CHAPTER XX of cruelty by husband or relatives of husband], except upon a police report of factswhich constitute such offence or upon a complaint made by person aggrived by the offence or marriage/adoption and other blood relations

Guest (Expert) 24 February 2011
THE FIRST WIFE CAN FILE A COMPLAINT UNDER SEC.494 OF INDIAN PENAL CODE TO THE COURT MENTIONING ALL FACTS AND SUBMITING RELEVENT DOCUMENTS TO PROVE THAT SHE IS FIRST WIFE AND MARRIED TO SAID PERSON WHO HAS REMARRIED TO SAID SECOND WIFE .THE SAID PERSONS WILL BE LIABLE FOR PUNISHMENT UNDER SEC.494 OF INDIAN PENAL CODE.GOOD LUCK.

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