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Kavitha SG (Housework)     13 August 2018

Husband performed second marriage illegally

Respectd Team,

My husband has performed second marriage illegally where as we are not divorced yet.

I got both's pics where they are together and she is wearing a Mangalsutra.

Can I file a case against him and her with these proofs ?



Learning

 17 Replies

Parag Modi. (Maharashtra.)     14 August 2018

Only on 2 pics u cant file case against him. Any married women can stand, wearing mangalsutra, with any person, its doesent mean that they are spouse. You have to prove marriage ceremony performed betn them. You can file complaint under sec. 494 of IPC.

RAJENDRA PRASAD (ADVOCATE AT SECUNDERABAD BAR ASSOCIATION HYDERABAD TELANGANA STATE )     14 August 2018

you can file complaint file concerned police station. and they are enquired and if really married they are investigated

Aks   15 August 2018

Lady...you need PROOF of marriage.   Somebody standing with a woman who is wearing a MangalSutra IS NOT the proof that they got married.  Why are you jumping to conclusion ?

First, when hubby comes home...make a nice cup of tea and serve him...when he is sipping the tea and looking at you with a smile...pull out the photo of them together....ask him in a sweet voice " Dear...who is that lady with you ?"

If he laughs and says.."Oh..that one...she is Mrs Sharma...she works with me and wanted to have a photo as she is transferred to another city"   

OK...matter resolved....they DID NOT marry ..right.   Use smart ways to find the real truth before you jump the gun.

Aks   15 August 2018

Kavitajee...Another name of love is trust and mutual respect.   Don't be suspicious and ruin your bond of love.

I will not advice you to go to Police or file a complaint until you have had a long heart to heart talk with your hsband about that "other lady" in the picture.

Kavitha SG (Housework)     15 August 2018

But police are not cooperating. They said bring all the proofs first then only we will proceed with investigation.

I gave them all the details where they went after marriage,where are are they staying but still not getting any support.

Now-a-days, most of the places have CCTVs and need identity to book rooms in hotels as couple.I told them many things but still no support.

Please suggest.Thanks in advance.  

Kavitha SG (Housework)     15 August 2018

Respected Sir,

My husband had already filed divorce case.His case got dismissed and he went for appeal.Recently I got to know he got married, pics also are not like they are simply friends.
When I did investigation then her friends told that both got married in the month of May but no one is ready to come forward and face court proceedings.

I also went to the police but they are not cooperating. They said bring all the proofs first then only we will proceed think.

I gave them all the details where they went after marriage,where are they staying but still not getting any support.

Now-a-days, most of the places have CCTVs and need identity to book rooms in hotels as couple.I told them many things but still no support.

Can I file the case into the court for further investigation, will it help me ?

Please suggest if any.Thanks in advance.  

RAJENDRA PRASAD (ADVOCATE AT SECUNDERABAD BAR ASSOCIATION HYDERABAD TELANGANA STATE )     15 August 2018

Madam,

You can file Private Complaint in court , then court refered to concerned police station U/s 156 (3) Cr.P.C.

 

1 Like

Kavitha SG (Housework)     17 August 2018

Thank you, Sir. Can I file the complaint against illegal wife of my husband. If yes, then under which section.

Kavitha SG (Housework)     17 August 2018

Thank you, Sir. Can I file the complaint against illegal wife of my husband. If yes, then under which section.

RAJENDRA PRASAD (ADVOCATE AT SECUNDERABAD BAR ASSOCIATION HYDERABAD TELANGANA STATE )     17 August 2018

No. 

 

 

Parag Modi. (Maharashtra.)     17 August 2018

U can file complaint before Magistrate under section 494 of Indian penal code. U should have to make accuse both of them i.e. your husband and his second wife
1 Like

Kavitha SG (Housework)     17 August 2018

Thank you, Sir.

I heard my husband is preparing to fly to US with second wife.

Can I inform to the US Consulate about his illegal act.So, that they would be more strict in processing VISA.

Also, can we get the Aadhar and PAN card details through RTI ?

Thanks in advanced.

RAJENDRA PRASAD (ADVOCATE AT SECUNDERABAD BAR ASSOCIATION HYDERABAD TELANGANA STATE )     17 August 2018

No. Its not possible

Aks   17 August 2018

"I heard" means nothing...people can say "I heard that this woman is trying to blackmail her husband to extort one crore rupees"   Just "I heard" is not enough in the Court.

The guy can fly to US with any woman ...he can say she is his friend ...as long as..there is NO PROOF of second marriage ,nothing can be done. Also, in most US states, Adultery is not a crime.. People live with each other for years without getting officially married  and it is perfectly legal.(   But bigamy is a crime) 

Definition of Bigamy is "LEGALLY being married to  two women at the same time. "      Legally means...on paper with full evidence of each marriage.

US Consulate will not acr on some one accusing an applicant of bigamy Without legal evidence.  If you accuse your husband without proof ,he also has right to sue you for defamation ,false accusations and character assasination.  Be careful before you file a case in court without enough evidence to prove your accusations. Having romantic pictures, travelling together and being in the same room etc. DO NOT constitute a second marriage in the eyes of Law.

.if you have credible evidence...by all means ..go ahead and file the court case.   

 


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