bigamy
Querist :
Anonymous
(Querist) 16 January 2010
This query is : Resolved
i am hindu.my wife left me two years ago.now i am living together with one of my relative without marriage.my wife wants to file a bigamy case on me.what are the evidences the court will ask?
Querist :
Anonymous
(Querist) 16 January 2010
131
A V Vishal
(Expert) 16 January 2010
Bigamy is Marrying Again During The Lifetime Of Husband Or Wife
A person commits bigamy when he/she:
has 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.
There are certain Exceptions:
when the first marriage has been declared void by the Court of competent jurisdiction.
When any of the person has been absent or not heard of continually for a space of seven years.
The party marrying must inform the person with whom he or she marries of the above fact.
It is not applicable to Mohammedan males, who are allowed to keep more than one wife, but applies to Mohammedan females, Hindus, Christians, and Parsis of either sex. Divorce dissolves a valid marriage, and the parties obtaining such dissolution can remarry. Good faith and mistake of law are no defences to a charge of bigamy.
Punishment
Whoever commits bigamy shall be punished with imprisonment, which may extend to seven years, and shall also be liable to fine.
However, in your case you have stated that you are living with your relative, in case your wife files a complaint under bigamy, the burden of proof is on her to prove viz you are married to that relative.
Querist :
Anonymous
(Querist) 16 January 2010
living together witout marriage can be considered by the court for punishment?
B K Raghavendra Rao
(Expert) 16 January 2010
Living together without marriage but with consent is not an offence. If one has to establish bigamy, a tangible proof has to be produced to that effect. If in any record you have declared yourself as the husband of that woman, then you are at risk of facing the consequences of law.
Hardik Mehta
(Expert) 16 January 2010
For bigamy the proof of marriage has to be established. If the proof is not established, then you will not be punished. Moreover, since the divorce case is going in the court and separated for more than 2 years, this might also not attract adultery.
A V Vishal
(Expert) 17 January 2010
Hardik
The query here is regarding bigamy and even going by that adultery is not attracted as According to Section 497 of Indian Penal Code a person is guilty of adultery is a crime.
Essentials of Adultery:- The prosecution must prove the following things for convincing an accused on a charge of adultery-
That the accused had sexual intercourse with the woman in question;
That she was the lawful married wife of another man;
That the accused knew or had reason to believe that she was the lawfully married wife of another man;
That the husband of the woman did not consent to or connive at such intercourse;
That the sexual intercourse so had did not amount to rape.
Just because divorce proceedings are going on it doesnot permit anybody to commit an offernce of adultery and absolve anybody under the penal provisions of adultery
kranthi kiran
(Expert) 17 January 2010
Prosecution/your wife needs to prove a valid marriage, adhering to HINDU MARRAIGE ACT. So unless a performance of valid second marriage is proved, bigamy cannot be proved.Just co-habitation with another lady does not amount to bigamy.
Guest
(Expert) 19 January 2010
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