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saurabhkumar   13 March 2015

Bigamy case after 27 years of remarriage.

I am a hindu Indian man. I was married to my first wife in 1979, we have no child from this wedlock. After some time of marriage she left my house and went to her fathers home, I tried to take her back many times but she refused.

From the year 1987 without divorcing my first wife I am living with another woman and at present have two children.

In year 1988 my first wife filed case against me under 125 cr pc for maintenance alleging Cruelty, Dowry demands and Bigamy. I never appeared in this case and she got ex parte decision for maintenance and receiving maintenance from me till now.

In 1989 I got a central govt job, while making nominations in 1991 I nominated second woman as wife and my children in service records and funds.

I am going to retire from my job in june 2015. My first wife now demanding for huge money from my retirement funds and pension. She is threatening me that if I will not agree for it, she will file case for bigamy against me.


Is my first wife can prove bigamy on the basis of my service records, because she dont have any proof of marriage ceremonies, witness of marriage.

Can I defend myself in court on the basis of long separation and saying that she knows about everything i.e. Bigamy and getting maintenance from 1988 then why she is complaining about it now.
My second wife is with me and she ready to made any statements in court according to me.

Should I file for divorce from my first wife.



Learning

 13 Replies

saravanan s (legal advisor)     13 March 2015

if your wife had filed a case of bigamy on you earlier what is the outcome of it

saurabhkumar   13 March 2015

so what should i do now. please advice me as question asked in last para.

saravanan s (legal advisor)     13 March 2015

if you had no idea about  the whereabouts of  your wife for continuos seven years then you can go for a second marriage.as far as sec494 is concerned it is compoundable with the permission of the court

Adv k . mahesh (advocate)     13 March 2015

now being your retirement age is nearing and she wants money that why she is asking for moon and if you could not answer about the previous question as your 1st wife file case of bigamy what happened to those case the accurate and correct answer cannot be given 

because

here one thing you have forgotten that you are paying maintenance to your wife means she is very well available and and you know her whereabouts and you married another lady 

so you are punishable and even your retirement benefits will be with held if she files bigamy case against you again if previous case was dismissed due to proper evidences are not provided 

saurabhkumar   13 March 2015

So how can my first wife prove bigamy, what evidence she have to present.

Adv k . mahesh (advocate)     13 March 2015

through rti she can show your official nominee records were you have given your second wife name, photographs, your second family photo with children anything as ball is in her court 

so first check what happened to her bigamy case filed in 1988

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 March 2015

Dear Querist

the bigamy is an offence u/s 494 of IPC but this case is non-cognizable offence and only the complaint before magistrate can filed against you.

 

she may file the same against you. it will be better to settle the matter amicably or fight the case on merit.

saurabhkumar   13 March 2015

The case filed in 1988 she told about her marriage with me in 1979 and false allegation of exploitation and dowry demands, details and date of my second marriage. After that she told that me and my second wife made violence with her, thats why she left me and living with her father. She said that she is unemployed and have no source of income and She claim that my income is 1400 per month and in final request she requested for 700 per month as maintenance. Decision- The court agrees that she is my wife and me and my family exploited her and she is earning no income So under 125 crpc court ordered me to pay maintenance of 200 per month to her. No point on bigamy by court in decision. After that she made two cases later in 1993 and 2008 for increment in maintenance without any reference of bigamy and got increased maintenance.

Shantanu Wavhal (Worker)     13 March 2015

dear all, 

the first case filed was under crpc 125 ... there was allegation of bigamy in this case ... THIS CASE WAS NOT U/S IPC 494.

 

Is my first wife can prove bigamy on the basis of my service records,

 

yes ... and also there are 2 kids to prove ur 2nd bigamous marriage

 

 

she dont have any proof of marriage ceremonies, witness of marriage.

 

no proofs are required for filing a case u/s IPC 494

 

 

Can I defend myself in court on the basis of long separation and saying that she knows about everything i.e. Bigamy and getting maintenance from 1988 then why she is complaining about it now.

 

bigamy is NOT allowed with the consent of the first spouse ... further, punishment is 7 yrs ... so no limitation for filing case


My second wife is with me and she ready to made any statements in court according to me.

Should I file for divorce from my first wife.

 

the 2nd woman has no legal stand ... in fact, she has done abetment in ur crime

 

 

u have committed a BIG MISTAKE ...

 

u may call me for further FREE TELEPHONIC assistance

saurabhkumar   13 March 2015

I heard that, to prove bigamy it is needed to prove that all rituals and ceremonies of hindu marriage have taken place.

satya (Manager)     17 March 2015

getting maintenance as wife is also a proof of wife

Jothish Kumar (Consultant)     13 June 2015

'Illegal' wife is entitled to alimony: SC RAKESH BHATNAGAR, TNN Dec 18, 2004, 01.09am IST NEW DELHI: The Supreme Court has ruled that though bigamy may be illegal under Hindu law, such a marriage can't be declared immoral and the 'illegal' wife cannot be denied alimony. The ruling came with the apex court legitimising the maintenance claim of a Hindu wife whose marriage was declared illegal on grounds that it was bigamy. The court said her husband was liable to pay alimony to her and maintenance for their children. "Keeping into consideration the present state of the statutory Hindu law, a bigamous marriage may be declared illegal being in contravention of the Hindu Marriage Act, but it cannot be said to be immoral so as to deny even the right of alimony or maintenance to a spouse financially weak and economically dependent," said a Bench of Justices D M Dharmadhikari and H K Sema on separate appeals by the litigating couple. While the husband, a lawyer, challenged the Madhya Pradesh high court order asking him to pay Rs 3,000 as maintenance for his 'wife' and their daughter, the wife had challenged dissolution of the marriage on the grounds that it was a bigamous alliance. Rejecting the woman's petition, the Bench upheld dissolution of her marriage because it was bigamy and, therefore, illegal. However, invoking section 25 of the Code of Criminal Procedure, the court asked the husband to pay alimony to the aggrieved wife and daughter. "The facts of the present case fully justify grant of maintenance both to the wife and the daughter," the Bench added. Noting that after the second marriage, the couple lived as husband and wife and they had a considerably long married life of about nine years, the court directed the husband to pay arrears of maintenance running into over Rs 1 lakh. https://parting.hpage.co.in/alimony-judgements_64299485.html It may help you

Jothish Kumar (Consultant)     27 July 2015

https://mynation.net/docs/87-2003/


Deserter wife can’t challenge husband   2nd Marriage

 


Posted on 13/05/2009 by MyNation · 2 Comments

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO. 87 OF 2003

Vardhaman @ Pushkaraj Bamb .. Appellant

V/s
Smt. Alka Vardhaman Bamb .. Respondent

 

Mrs.Sunanda Kumbhat for the appellant.


Mr.A.P. Vanarse for the respondent.


CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ.


DATE OF RESERVING THE JUDGMENT : 27TH FEBRUARY 2009


DATE OF PRONOUNCING THE JUDGMENT: 7TH MAY 2009


JUDGMENT : (Per D.G. Karnik, J.)
1. This appeal is directed against the judgment and order dated 21st June 2003 passed by the learned Judge of the Family Court, Pune dismissing the petition bearing PA No.654 of 2002 filed by the appellant-husband against the respondent-wife for dissolution of their marriage.


13. In our view, therefore, the Family Court erred in coming to the conclusion that the appellant had not proved desertion by the respondent for a statutory period of 2 years immediately preceding the presentation of the petition. We accordingly reverse the said finding and hold that the respondent had deserted the appellant for a period of more than 2 years immediately preceding the filing of the petition without just and sufficient cause. Though the appellant succeeds before us on the ground of cruelty,he can not escape his liability to pay permanent alimony, more so when he, during the intervening period, begot two children from another lady. He has accepted to pay a lumpsum amount of Rs.2,00,000/-towards permanent alimony. We accept the same as afair and reasonable amount in the peculiar facts of this case.


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