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Sourabh   28 May 2017

Bigamy or sec 494

Respected Professionals,

   I have So many doubt in my mind so I am telling you my complete Marriage situation and need your valuable suggestions.

My name is sourabh and got married with Pinki in Jan 2016, After 1 year of marriage I came to know that she was already married with someone else (Muslim Boy). Still I understood her and we start living accordingly. there were some querrels in the family as usual with my mother some time with me also. but as she get pregnant she totally changed and she just saying that she want to live saperate from my family, she want that I should leave my parents. I tried to handle the situation but she is not ready for any other option, Pinki has totally set her mind to live saperate from my family for which I am not ready. I cant leave my parents How can any one leave his/her parents without any reason. 

  Now she is threatening us that she will commit suicide and file a false case, She will file a false dowry case against us. Her Mother is also encouraging her rather than to solve the matter. Her mother is on the daughter side and not trying to end all this. Her mother is saying that We should give her One House and then Pinki will live saperate from my family without taking divorce. 

Mother In law teaches every step and every thing to Pinki that what should she do. I also tried to talk with pinki's father but he also not shows any interest in this. He is also not saying anything to his daughter. I am not getting any support from my in laws. 

Now at last I decided to go for the annulled marriage as she is already married with the other person. Because this is the only way I can get rid of this problem. 

I tried to collect the evidence of her previous marriage. 

I Got the FIR copy of Missing of Pinki from the Police Station. Under this Complain Pinki's Father had lodged the complain against the Boy U/s 363 and 366 i.e. for Kidnapping and Marrying forcefully as you know.  In the same copy There is a note which is mentioned by the IO as the Pinki is Mojor, and she married with Saif with her own concent and there was no kidnapping of pinki.

Got the Court Judgement order that Mohd Saif (boy with whom she got married), is not guilty in case 363 and 366. there are no solid evidence that proves the above sections on the Mohd Saif.  

Pinki's Statement in the Above judgement: I am major and I can understand my good and bad. I am totally responsible for all this thing. I gone with Mohd saif with my own concent and Converted my religion from Hindu to Muslim and got married with Mohd Saif with my own concent, I was not kidnapped. 

Saif Statment : We got married with own mutual concent. I didnt kidnap Pinki. She was ready to get marry with me. 

On the basis of these statment and Police verification the Case was dispossed with decision that Saif is not guilty for the Kidnapping. 

Pinki has also filed a writ petition in Honble Allahabad Court for the Protection of her and her husband. I have also got the copy of that order. 

Now my question is that :

1. Can I file a case on the basis of these evidences. As i tried to get the marriage evidence, but the marriage was soleminised as per Muslim Customs. 

2. Can she file a Dowry case or domestic voilence case on me and my family if I file the case for annulled. 

3. What if she got the Divoce as per Muslim Cutome Like Talak word. Is it valid in my case. 

4. as she has not converted from Muslim to Hindu. Is my Marriage legal with her.

5. Who will get the custody of Child. (she is Pregnant with 3 month)

6. what should I do first to file the case against her for getting annulled this marriage. 

7 Should I need any other evidences to prove her marraige. 

 



Learning

 19 Replies


(Guest)

Agree with Advocate Romi ji.

Martin Sooji (Advocate)     28 May 2017

Most things depend on lawyer.  If she get proper lawyer, you will go to jail.  If you get proper lawyer you will get divorce.

A walk alone (-)     28 May 2017

Your marriage is already void. You can Throw her out of your house. Let her go court and waste her money and time in proving her marriage valid and in other cases. Forget about custody you can't get custody until your child become 5 years . in seeking custody you will waste a decade in court with zero result.
1 Like

Patrick Adrian Mylan   29 May 2017

My wife has been married to anotherent man but did not inform me and kept me in the dark for 10 years she lied saying she was not married recently I came across her previous marriage papers she has no proof of divorce from first husband what should I do please suggeat

Patrick Adrian Mylan   29 May 2017

My wife has been married to anotherent man but did not inform me and kept me in the dark for 10 years she lied saying she was not married recently I came across her previous marriage papers she has no proof of divorce from first husband what should I do please suggeat

Patrick Adrian Mylan   29 May 2017

My wife has been married to anotherent man but did not inform me and kept me in the dark for 10 years she lied saying she was not married recently I came across her previous marriage papers she has no proof of divorce from first husband what should I do please suggeat

(Guest)
Originally posted by : Patrick Adrian Mylan
My wife has been married to anotherent man but did not inform me and kept me in the dark for 10 years she lied saying she was not married recently I came across her previous marriage papers she has no proof of divorce from first husband what should I do please suggeat

take

Image result for baseball bat

and

Image result for break bones

No use going for divorce.

you will simply file divorce, pay alimony

and still have same wife even after case is over, as there is on proof of either her marriage or her divorce, she is as fresh as new.

on the other hand, if you have proof of her marriage, your marriage will become void, show this to court and take divorce. but without proof nothing can be done.

Sourabh   29 May 2017

Originally posted by : autohide4u
Throw her out of the house. You marriage is void ab initio. If she files any case, burden of proof is on her. You have ample evidence to show that your marriage is not valid. Claim that you did not know of her previous marriage, she deceived you. You got suspicious and checked court records and found the truth. You asked her to leave your home the same day your realized truth. Do not tell anyone that you condoned her bigamy and willfully lived with her. Rest is matter of trial. It will go on for decades. She will have to first prove to court that her marriage to you is legal (I.e she is lawfully divorced and she did not deceive you in anyway for consent to marry). Don't be scared of courts. Kick her out today.

Dear romy Patel: I was not aware of her first marriage, she and her family hide this truth from me. and now when I am going to file the case for fraud I will go to Jail what type of Law is this. What is my fault in getting married to Pinki, as I was not informed about her previous marriage. and she still doesnt accept all those previous thing.

Sourabh   29 May 2017

Originally posted by : Romy Patel
IF SHE IS NOT DIVORCED FROM FIRST MARRIAGE, YOU WILL GO TO JAIL FOR HAVING MARRIED A MARRIED WOMAN.  7 YEARS JAIL.

YOU WILL BE OFFENDER. 

Dear Romy Patel.: Why would I go to jail. as I was not aware about all this before my marriage. after 1 Year In March 2017 I came to know about all this situation. Then I tried to find the evidence. Now I want to file a case in the court fot the Justice.

But still if I go to jail what type of law is this. The woman who has done fraud is innocent. and I am an offender while I was not aware about all this. Her parents keep me in dark, they didnt tell the truth..... 

 I dont understand this law...

Sourabh   29 May 2017

Respected Members:

 I have one more doubt: As she is not ready to leave my home. I am going to file the case in the court on basis of evidence with me. But if she dont go outside my house, she will definitely create big problem after getting the notice. She can file a case of DV, she can also commit suicide in my house and we can get arrested in the murder case. Then the situation will be worst for me and my family. 

 I just want to save my family. If I go to jail that is not problem. 

So please suggest any way to throw out of the house so that we can fight the case in the court. As you can all understand that if she will in my house that will create a big problem for all of us. 

Thanks to alll


(Guest)
Originally posted by : Sourabh
Respected Members:

 I have one more doubt: As she is not ready to leave my home. I am going to file the case in the court on basis of evidence with me. But if she dont go outside my house, she will definitely create big problem after getting the notice. She can file a case of DV, she can also commit suicide in my house and we can get arrested in the murder case. Then the situation will be worst for me and my family. 

 I just want to save my family. If I go to jail that is not problem. 

So please suggest any way to throw out of the house so that we can fight the case in the court. As you can all understand that if she will in my house that will create a big problem for all of us. 

Thanks to alll

if she file case, you ppl take anticipatroy bail.  thast all

rest

Image result for throw out of house


(Guest)

People like you should be in jail only. scoundresl.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 May 2017

Under IPC 494 or 495 Saurabh would not be punishable, only his wife would be punishable. If Saurabh has s*xual relations with his wife after coming to know of her previous marriage, he could have been punished for adultery if the Muslim husband had complained. Here nothing is reported about the Muslim husband. Did he not take any action when his wife married again?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 May 2017

The evidence which Saurabh has is enough to throw the burder of proof of

"not being married to the Muslim boy or if she admits to having been married to the muslim boy that she had obtained divorce before her marriage to Saurabh,"

on his wife. He should request the court for annulment of marriage and in the interim, order the police not to arrest him if his alleged wife files complaint under 498A or DV act. Even if the court does not issue an order he can keep with him the evidence of having filed the case to show to the Police in case they come to arrest him on a complaint from his alleged wife. The case is highly complicated with so many ifs. Section 498A and DV Act have lost their teeth and generally police are not harsh on receiving such complaints.


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