Proof for bigamy


Hi,

My wife got remarried without divorce. Also she is doing hrassament with us by many fake cases. I want to fight with her by filing the 494. Though I have not filled it yet and tryinng to collect the evidence first.

The name and address of her new husband has been identified. Also there are some photographs in photo studio wchich will be helpful to proof her marriage. I attempted my best to get the photo from that studio but that person is not giving me. I have not told  the intenstion of the  photo to studio person.

Can anyone help me the approach should I follow to get those photo? Can Detective help in this regard?

Please suggest,

Thanks,

Ramesh

 
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advocate

You can pray to court call this photographer in evidence. But it is very tough job to prove bigamy.

 
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Worker

IPC 494 is a criminal offence.

the case will be fought between state govt. and the criminal.

being a criminal case, strict proofs are required for conviction.

wife's 2nd ceremonial marriage has to be proven. i.e. if she is Hindu, Saptapadi has to be proven

tough job.


proofs : 

marriage photo

priest

marriage registration

kids out of second marriage.

witnesses to second marriage

name in ration card and other official documents.


dont be revengeful.

cases filed by wife against you are not maintainable after her unlaful 2nd marriage.

get these cases quashed.

start new life.


 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

I differ with Amit above when he says that it's a case between state and wife. It's not being a non cognizable case it would be a complaint you versus your wife. 

Proof of both marriages validity is essential. You can call that photographer in court to get the photographs. 

her act of bigamy may help you in quashing of other cases. 


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Worker

aggreived person files complaint at magistrate.

case starts betn state & bigamist.

 

 
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LEGAL CONSULTANT

No Amit,Mr.Chugh is right in his expression.

Mr.Ramesh,

You have to gather concrete proofs of her second marriage,and can you rely on that photographer?He will be a vital evidence for you and he has to stand till the end.Then only bigamy can be established.


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Worker

what would u achieve by proving Bigamy ?

 
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LEGAL CONSULTANT

Mr.Amit,

What would you like to say? Mr. Ramesh is fighting a divorce case,it is the duty of the experts to help out with suitable solution.

 
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Advocate

@Amit. Important case law on Bigamy. http://indiankanoon.org/doc/1112391/ .  Sec. 494 tried on private complaint.

 
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Worker

 

Supreme Court of India
State Of Punjab vs Surjit Singh & Another on 6 January, 1967
 
as i already said, bigamy is offense against state.
bigamy is criminal case and would be tried expeditiously as compared to the civil case of divorce. however, since its very difficult to prove 2nd ceremonial marriage, acquittal of wife in 494 wont help the divorce case.
 
the husband has to prove her adultry and get divorce on this ground.
 
of course, filing 494 would pressurize the wife side and make her settle all the litigations.
 
the husband should also think about her adultry (497) which would help him in civil case of divorce too.
 
 
 
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