Bigamy proofs

Even if they have biological children you need proof of the wedding to prove bigamy.

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if a married hindu man marries another woman without divorcing his first wife, he could be charged with polygamy. his second marriage is illegal and null and void. but to charge the man with polygamy and penalise him, it needs to be proved that he underwent the necessary rituals that makes a marriage legal under the hindu marriage act. it is here that the dichotomy in the rule complicates matters. the hindu marriage act is governed by the various rituals in various parts of the country, which means that what is relevant in north india does not always apply in the south. the necessary ingredients of a legal marriage under the hma is " datta home " and " saptpadi " (taking seven steps around the sacred fire). but for the reddy community of andhra pradesh these rituals are not necessary. the " saptpadi " is not relevant in a case of bigamy in tamil nadu either. in several judgments (santi deb berma, lingari obulamma and laxmi devi), the supreme court however, said without " saptpadi " a marriage was not complete. so men who committed bigamy, but steered clear ofsaptpadi - were acquitted of bigamy charge. for in order to prove bigamy, it must be proved that the second marriage was performed according to necessary rituals. in tamil nadu, however, such ceremonies as " saptpadi " and " datta home " are not needed for a legal marriage. the state had amended hma and inserted section 7-a for solemnisation of a legal marriage

Thank you to all for above replies 

 

Then which sections are applicable for the above evidences.The marraqige is still subsisting and  that second lady in all the proofs she kept husband name as  first lady husband and both are staying under one roof.

 

 

Good question. A lady living with a man and mentioning him as her husband in all her certificates, enough proof of their marriage? From the above reply, it seems not and proof of marriage ceremonies (based on customs from the man or the woman side) needs to be produced. But what kind of proof? Will it be photos/videos? Will only witness suffice? Also, what if such a couple gets engaged in public (i.e, ring exchange etc)? Will the public act of engagement illegal from any point of law? Any citations on this?

These documents are enough.  Tghese have to be brought to court anc corroborated. Read evidence act.

Sudhir, can you cite some judgements wherein mere documents were taken as sufficient proof of (bigamous) marriage when the proof of ceremonies was absent?

What is the legal meaing of Husband?

 

Though I am not expert, by gained knowledge by reading n talking with advocates:

1) Photographs + video (preserved as per evidence act) +

2) Witness +

3) The Pundit who pronounced all silokas has also to depose

Rajiv,

Are all three needed or any one of these would suffice?

Where did you learn about these? Any judgements?

 

Also, my question of legality of engagement (while married) is not yet answered.

* Engagement has no real meaning in law

* All are needed as i wrote above

If this lady uses wrong identity someothers husband as her husbad? what steps i can take legally? If there is know provision for this any one can say  as per below..

That Sharuk khan is my husband and ishwarya rai is my wife?