bigamy

WHAT DO YOU WANT?

CONVICT HIM AND HER?

IF YOU ARE THE WIFE OF THAT MAN, YOUR LEGAL RIGHT LIMITED TO OBTAIN DIVORCE AND MAINTENANCE UNDER SEC 13 OF HMA.

IN LEGAL LANGUAGE IT IS -  ADULTRY.

BUT NOT ADULTRY U/S 497 OF IPC.

thank you sir for your reply.

is it possible to convict them under adultery?

i want to convict them.

no, because only husband can sue the adulterer of  his wife and not even the said wifealso under sec 497  of ipc.

totally neglect his legal wife and daughter

---   what tpe of negligence?

details required.

498a or dv may attract under the circumstances.

do you have independent source of income ? or dependent upon him? getting maintenance or not?

search and collect prove if they got married. then it will come under bigamy.

generally people married secreatly thereafter hide.

...  another female ( who is a widow, not working , and living at his expense) in a rented place,as husband and wife in front of the society,

---  it is not an offence according to indian law.

...  have a baby whose birth is registered as him as the father

...   it is subject to prove.

---   through rti, try to get the copy of the birth certificate, if get you may produce it as a proof of valid marriage at court. but it is not final. if the man claims ' no marriage solemnized' -  then you have to submit the other prove if any. therefore it is not a good ground but he will be hasased for the time being.

@ Arup

How this brief attracts ADULTRY for god's sake !

they are aware of the law.

they are living secretly.

this is the irony, even after telling there are a lot of laws to protect women, a man can have any number of children in other females without getting divorce, thats legal in india.

then why fighting in court for divorce?

why getting married again?

if u dont wannt a wife, kick her out from your home, take a house for rent some where and live with another female.

still telling, men are hurt by laws.....

who says it is adultry?

 Are above two not contradicting each other ! Why mention S. 497 IPC in instance case?

1. It is a simple case of BIGAMY U/s 494 IPC and not S. 497 IPC.
1.2 Evidence - Here for proving each of the two marriages she require evidence of the priest performing the marriage where he shall on oath state performing all the essential ceremonies applicable to the parties to the Hindu marriage in question, along with the evidence of priest the evidence of some witnesses to the marriage ceremonies should also be brought on the record of the court.
The photographs of marriage ceremonies and marriage certificate is only preliminary piece of evidence of marriage that doesn't proof the actual marriage ceremony and all the essential ceremonies required for valid Hindu marriage ceremony.
Pregnancy of his second wife doesn't prove the actual marriage, a woman can become pregnant even in absence of marriage itself leave aside this proving valid marriage ceremony which is actually required in the Criminal Complaint under section 494 IPC.
DNA testing on child and her husband is taken as prel. evidence.
Onus to prove both marriages is on the complainant spouse (if this case goes onto the floor of any Court is what I mean).
1.3 It is tough to prove for aggrieved legal wedded wife though all these unfortunately I agree.

whether it will come under bigamy?

---    no,

untill it is proved that the man solemnized the marriage.   

ha ha
1. You never give up with your one liners though....
1. 2 Agreed that is why I said preliminary evidence for a complainant is so tough to prime facie establish under Bigamy laws that even genuine cases (may be) such as this are lost and or time consuming to prove.
1.3 Here for this author's presented breifs scenarios the safest bet is to go ahead and file the Complaint case under S. 494 IPC and pray for DNA test and present her wedding pict. and her marriage ceremony witness before court. Atleast she will cause some very serious dent to his present credibility.

come under adultery?

---   no.

because only husband can sue the adulterer of  his wife and not even the said wifealso under sec 497  of ipc.   it is not an adultry under ipc.

whether it will come under  immoral traffic?

---   no, because the woman leaving with him, doing it by application of her personal liberty u/a 21 COI.