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Anonymous (ABCD)     01 August 2013

Can i file bigamy? please help.

I got married last year in a temple. The only witness are my friends. However, the marriage took place according to proper Hindu Marriage rites (satapatdi), but we did nt get the marriage registered. We were living seperately because of our jobs in different cities. After a year, my husband left me saying that he never married me.. I have filed IPC 376 against him. Court has accepted his anticipatory bail and I'm now fighting for the cancellation. His bail was approved on 7th June 2013 on the account that he has got married to me, whereas his bail application says that he never got married. There is a contradiction which has confused me as how he can get the bail.

A few days back, I have got to know that his parents have got him married to another girl secretly, without any pomp and show. Is he allowed to be married on bail? Can I file bigamy or can I ask police to investigate the matter.

I want him to be behind the bars for having spoiled my life. Please help.

 3 Replies

adv.raghavan (Advocate,9444674980)     01 August 2013

Hindu marriage done according to rites and registration is not compulsory, if u are sure he al ready married to u and deserted, u could gone for a case under RCR under HMA 1955, instead of sec 376 IPC. Court had granted him bail and his affidavit show he has married u, so file for the same immediately. only when u have some solid proof u can file BIGAMY, if not it is very difficult to prove in the court of law.

Adv Archana Deshmukh (Practicing Advocate)     01 August 2013

If  he is not your husband and is guilty u/s. 376 IPC then, how can you object to his marriage with someone else? There is no legal bar for him to get married while he is on bail as he is not your husband. And if you claim him to be your husband before the police then, how come 376 was registered? If you want to claim any relief against him as his wife then filing of 376 was a wrong decision. Bcoz you yourself admit that you are not his wife. You could have availed other legal remedies that a wife have against her husband.

Anonymous (ABCD)     02 August 2013

Dear Archana,

You have understood my case wrong. I'm still maintaining that I'm his wife as my marriage has taken place acc. to Hindu marriage act. He is denying that he has never married me. Since I have all the proofs of marriage, he himself is claiming that he has befooled me. This brings him under the rape charge, as he was using me physically.

Under the revised IPC 376, A rape is when a woman believes that the another man is her husband and allowing him to maintain physical relations, however the man knows that he is befooling her.

Since my marriage with him was legal, he can not marry another woman without divorcing me. As a reference, please read the recent case of Abhsihek Jain, where the guy performed Arya Samaj Mandir marriage and his wife put a rape charge on him. And the High Court cancelled his anticipatory bail.

They were married too and he is behind the bars for IPC 376. Anyway, thank you for your reply.

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