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Remarriage

(Querist) 08 November 2010 This query is : Resolved 
My husband filed a divorce petition in 2003.He got a divorce in 2008 in the trial court.I appealed against the judgement in the high court and the case is pending in the high court.The court put a stay to his remarriage.I am staying in my parents house since our separation in 2003 along with my son and my husband is staying with his mother in the house which belonged to my late father-in-law and which he has given to his daughter vide a registered will.Of late,my husband has remarried but from what i could gather from some common friends,they have secretly married and as such there is no proof or evidence of the marriage.He is openly moving out with this lady and is telling everyone that he is in a living relationship with this female.He has even conveyed it to me that i can do whatever was possible and he wont come to any settlement now as his purpose of remarriage has been solved.My question is,in the absence of any proof of his remarriage,can he be punished for bigamy and contempt of court.Can i move into his house under Domestic violence act just to make his life miserable.can numerous pictures of his with his 2nd wife on many functions prove anything.I'm just confused and just seeking the advice before i take some action.Thanks everyone who are interested to give me advice.
Geetanjali (Querist) 08 November 2010
In continuation of my query,i wanna know if this live in relation during the pendency of the appeal case is legal?
s.subramanian (Expert) 09 November 2010
you move under the DV Act for getting into his house. Live in relationship in this case will be presumed only as an act of bigamy in disguise in law. you can take such a stand and proceed against them. To support your case,you can rely on the ratio decidendi of the Supreme court of India in Sarla Mudgal's case where the conversion to islam for the purpose of browbeating an act of bigamy was severely condemned by the court.
Advocate. Arunagiri (Expert) 09 November 2010
You can give a police complaint u/s 494 & 495 IPC.

Section 494, IPC defines Bigamy as "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 description for a term which may extend to seven years, and shall also be liable to fine. This section does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during. the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are with in his or her knowledge.

Section 495, IPC says whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 November 2010
In the process of making life miserable of your spouse , you life will also become more miserable.

Most of all can you tolerate your spouse enjoying with other which could not.

And there are many escape routes in law which no court can help you., if both of them willing.
Geetanjali (Querist) 09 November 2010
Mr Arunagiri even i know about the section 494 & 495 ipc..I think u haven't read my question.I can't find any proof of his second marriage.He has married secretly and hasn't left any proof.He has probably married at some temple of which i'm not aware and from his friends i gather that he hasn't left any evidence of the marriage.When i can't prove the marriage in the first place,does these sections hold any relevance in my case?
pawan sharma (Expert) 09 November 2010
dear Geetanjali,
if you wants any relife from the court you find out the fact of the re-marriage first, it is your duty to surch all the information with its no case lie.
Ravindra Nath Tripathi (Expert) 09 November 2010
Respected Sashi Kumar ji has given you the best advice. It is of no use to go to the court, I advice you to try to reach some settlement. We are heading, what western culture is. I am sure, without any evidence you can't do any thing, even if you have evidence, you with the help of law can't stop him doing anything.
Geetanjali (Querist) 09 November 2010
Thanks Tripathi ji for the reply..You may be right to a certain extent but i don't agree with u completely.If i have the proof of his remarriage i can certainly get him punished under section 494/495...The problem is i don't have any evidence
O. Mahalakshmi (Expert) 11 November 2010
Madum,


You have to try to get evidence it must be a documentary to prove the bigamy of your husband. But don't relax until you punish your husband through a Court of Law. In our country there is security to the house wives. Why should you go for compromise with him. He has to come to you, then you will be real fighter. God will give you all the strength.
Arun Kumar Bhagat (Expert) 12 November 2010
Engage a spy who can tell you if your husband boards in any hotel with the said partner, what he writes in relation columnn in his own handwriting. Coupled with any admitted document you can easily prove your case.


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