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deepak (Administration)     15 May 2012

Bigamy and adultery

After long separation, and once my divorce (on cruelty) petition rejected, now i came to know that my wife remarry with a guy recently and 4 months pregnant. NOW WHAT SHOULD I DO ON A LEGAL TERM.

 

note: she is also ready to give divorce and demanding money..What should i do in that case.

thank u



Learning

 14 Replies

naren (Consulltant)     15 May 2012

You can file a fresh petition of divorce on grounds of adultery and her being  pregnant will not be a difficult to prove. You can file case on her new husband as well and he can be behind bars.

I am not an expert but telling it from my limited knowledge.


(Guest)

Just file a fresh divorce petition in court with enclose these facts with ocumentry evience.

Court will passed the orer in your favour.

You on't need to give nay alimony to her.

deepak (Administration)     15 May 2012

Sir,

I am 36 years old (issueless), I am also planning to settled down soon, I want to know these questions:

1. What documentary proof should i submit to the court

2. How much time the court will take for final decision

3. Her 2nd husband knows about the previous marriage (with me), he is her brother-in-law's sister' son (very unnatural relation, according to hindu relgion)

Thank u

VIJAY KUMAR (ACCOUNTANT)     15 May 2012

I am also facing the same problum with my wife. He get married with her friend and informed me through Face Book.

Both are confirmed their that they get married. But my lawer told me that this is not a suficiant profe.

Please tell me what i do?

Anjuru Chandra Sekhar (Advocate )     15 May 2012

Any document showing a registered marriage under Special marriage Act or Hindu marriage act.  Or photos, wedding card of marriage corroborated by the evidences given by her friends or relatives.

Anjuru Chandra Sekhar (Advocate )     15 May 2012

If nobody is willing to come forward to give evidence from her side, then file the complaint and invoke the power of court to summon witness under section 311 cr pc by filing an application seeking to examine such and such persons relating to her.

Ranee....... (NA)     15 May 2012

If she is living separately from you and pragnant that means she committed adultary.I think case is easy for now.Don,t give her money for divorce.Instead book her second husband for adultary.This will be best for hae.

Amit (NA)     15 May 2012

Deepak, she dug her own grave. Relax and gather evidence to prove:

(1) You two are married

(2) She married someone else

(3) She is pregnant with a child not belonging to you

1 and 3 are easy to prove. 2 might be hard. But 1,3 are sufficient for you to imprison her lover and get a divorce from her.

You are free from giving any alimony since she committed adultery. Gather evidences and file case immediately. She'll fall at your feet soon.

Good luck.

dhirendra pateria (law officer)     15 May 2012

teach her a lesson procecute her for bigamy

Avnish Kaur (Consultant)     15 May 2012

she asking u for money? what a joke ....u can easily extract money from both of them.

Jiwan Bhata (self)     16 May 2012

But i have heard that ir we proove that a man is staying with her ( with photographs) SC admits that a young man staying whole night cannot be relative and the woman difinitely have other relation....  Can such phographs be admitted as second marriage...

Shantanu Wavhal (Worker)     16 May 2012

collect the evidences of her second marriage.

file petition for divorce.

since u r not the biological father of the child, u will get divorce.


forget about filing 494 - its difficult to prove her second ceremonial marriage.

u can prove her adultry - but her 2nd husband will be punished - not herself.

further, dont waste time running around the criminal courts.

just get rid of her in civil case of divorce & move on afresh.

dhirendra pateria (law officer)     16 May 2012

no merely stayig with a women cannot be concluded as marriage


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