Bigamy case

Originally posted by : Swetha
	Hello All, I would like to give the back ground of my case.. I am married and have a daughter of 4yrs.. My husband got married to some other girl without giving the divorce in 2014. After knowing this I started leaving seperately and wanted to move on with my life and started for the legal seperation and now, we are legally seperated since Sep'15. Currently am running the case for my daughters maintenance.But, this person is not coming to court properly and its really becoming a difficult issue for me going to court everytime and he is not turning..  My question here is inspite of having the divorce can I still go ahead and lodge the Bigam case against him. I have all the evidences that he is married.. am really getting depressed day by day and this person is not all attending the court to clear off the maintenance. inspite he is happily constructing the house and staying happily with his other wife.  My intention here is not to hurt anyone or take of their happiness. I want my things to get settle and let him off from my way. Atleast with this he will come to court and finish it soon. Regards Swetha

In the given circumstances, you can simply go directly to the place where he is staying along with the kid, before that go to jurisdiction police station and lodge complaint that your husband is living in adultery and you want to go to that place, in case your life is in danger, to assist you in going and meeting your husband.  Once complaint is registered, this will create a base for your evidence against him, in court of Law.  Otherwise its very difficult to prove bigamy in court.

Regarding maintenance case, file execution petition u.s 28 A of HMA 1955, rest the court will do the needful.

The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both.Meet the lawyer and at the earliest with all evidences.

Hi, I have the evidences.. but, since am leagally seperated can i still go ahead and file a case against him..

"I have all the evidences that he is married.."

In such case escape from evidence that is irrefutable shall be difficult.

Thank you so much for all your inputs.. also, i have the video record where his other wife have told that she is married to this guy on so n so date, place everything.. is that is not sufficient..?

May not be.

Would she come to court and testify!

If court sends her a notice.. wouldn't she?

Legally separated means Judicial Separation or Divorce??

If judicial separation as the period of one year is over you can file divorce along with relevant maintenance S24 & S25 sections.

If already divorced (contested), file Crpc125.

If divorced through mutual consent, the scope for you is very limited.

She should and she may.