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Sonali (Software Engg)     17 December 2011

Husband got remarried without getting divorse

Hi Experts,
My sister is a doctor and she got married to a BAMS doctor in 2008.
This person was metally harrasing her so she came back to our father's house. He filed a case in court asking his wife to come back to home. He made false allegations on her in the case. After 1 year he himself closed that case. He paid fine for filing false case in court.Afterwards he filed a divorse case. 1 hearing of this case is done till now. We yesterday we came to know that this doctor has remarried one month back. Our Advocate told us that we need to find proof of his marriage.
What steps we should take further in this case?
Do we need to find out the proofs of his marriage ?
What if his second wife and her family are hiding their marrige ?
If we make a police Complaint will they arrest him immediately ?

Waiting for your replies.

Thanks in advance !



 62 Replies

Shantanu Wavhal (Worker)     17 December 2011

 

What steps we should take further in this case?

If we make a police Complaint will they arrest him immediately ?

 

u can file bigamy case on him - IPC 494

no proof is required to file bigamy case.

however to punish him, that u have to prove the 2nd ceremonial marriage.

 


Do we need to find out the proofs of his marriage ?

 

no - only for filing case.

yes - to prove him guilty.


What if his second wife and her family are hiding their marrige ?

 

try to find proofs of 2nd marriage (witness, marriage registration, invitation card, photographs, priest etc.)

 

 

 

by the way, from which Ayurved College did this doctor passed out ??

in which year ?? which state ?? 

i may help you in this regard. 

PM me.

1 Like

(Guest)

It is very difficult to prove 2nd marriage. A person who is educated and aware of the implications of Law, will never take chances. He will never leave any proof.

 

If he gets married for the second time, he will never marry in his native. He will get married in a place, far away from his home town. Eg. If I am from Jammu, and getting married for the second time without divorce, i will go to a temple in south India..somewere in Chennai or to a still smaller place like Vellore or Erode or Pondicherry or Villupuram and get married there, who will Know. People are aware of the immplcation of law.

 

The guy will never leave a photograph or the peist will hardly know him..Preists are old people, by the time you reach the preist, the preist is already dead. Only very close family member will know the fact... 

 

IPC 494 is non-cognizable and Bailable. So nothing can be done except registering  a case in the Court and add one in the long pending cases waiting to be disposed off..

 

Even if the second wife, gives birth or pregnent, the judge cannot ask the lady "Whose child is this? or whose baby is she carrying?"..this will strictly be an insult to the lady and against her dignity....

 

So, the solution is..Since you know that she has been betrayed...ask her to talk to her husband and try for Mutual Consent Divorce...you will get it in 6 months...and be a free bird..

 

And Indian society has changed, there will be no dearth of prospective husband for an GOOD and Educated lady in India...one has to be patient..

Gautam

1 Like

Satish .J.Agarwal (Advocate &Legal Advisor)     17 December 2011

Dear Friend,

if you really wish to have the information about his second marriage,you may handover thematter to the detective agencies.Now a days such agencies are available and they will provide you all the relevant information.Such agencies helps in finding the bank account detail of the second unlawful wife, wedding card if any, place of wedding and like details which will help you in filing case against such unloyal husband.

1 Like

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     17 December 2011

Yes, to prove bigamy  one has to collect concrete evidence to be produced in the court.  As  has been rightly opined by Mr.Satish J.Agarwal, it is advisable for you to seek help from a reputed detective agency to get as much documentary evidence as possible to build up a strong case against the person concerned.

 

1 Like

(Guest)

You must have solid proof of 2nd marriage of the person. On lodging of complaint with the police, you should not expect the police to arrest him immediately without making proper investigation of the case.

ajay k. gilhotra advocate (advocate)     17 December 2011

respected,

      in a remarriage case of a hssband one should prove marriage with that women.Withoout this begamy cannot be proved.Collected evidence of 2nd marriage.u can approach to police,but police cannot arrest immediately .

ajay k. gilhotra advocate (advocate)     17 December 2011

respected,

      in a remarriage case of a hssband one should prove marriage with that women.Without this begamy cannot be proved.Collected evidence of 2nd marriage.u can approach to police,but police cannot arrest immediately .

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 December 2011

 

Sonali,

 

If you marry with your sister [if u have one] or a cow [even if u don’t have one] is it proved that you remarried

 

“I SAY U NEVER REMARRIED” even if you do it.

 

 

Any of Experts agree with me that “this doctor has remarried” is a false statement??  

 

“I SAY DR. NEVER REMARRIED”

 

Any citation for anybody in India punished for “remarried” Pl quote to me. I will Reward you.  

 

I am discussing Indian Laws on Re-marriage.

 

All comments on this subject are “VAIN.” We try to comment on the matter that cannot, and does not exist.

“Remarriage of any person, Man or Woman, in India does not exist.”

 

That’s why punishment for remarriage in India does not exist.  

 

All Respected Experts, If this is “ABSURD” OR “FALSE” , please prove that I am wrong. I am very ready AND WILLIONG to apologize and correct myself.

 

You have to only cite one punishment in whole of India.

 

There are Lakhs of “Hema & Dharmendra” in India.

 

Read the Definition of "Marriage"  very very carefully. 

 

Pl help me to help lakhs of harassed husbands in India. 

 

Adv Shroff

18-12-2011 

1 Like

Dhaval (Engineer)     18 December 2011

One has to give solid proof (photos or video of ceremony) to prove a marriage. Our laws has mad life of individual and families worst than animals - dogs.


As the legal marriage has legal implications and most risky activity a man can ever do in his life as an Indian citizen, I'm not going to take that risk. It is better live alone or have an affair than marrying.

1 Like

(Guest)

Dhaval Ji,

You did not get Mr Shroff's point...he says getting a proof that he has "remarried"..is impossible...an intelligent man will never register the marriage or leave photographs or the old preist will hardly know him...so if a mariage is not registered or photographs are left behind...it is not marriage as per law... 

 

Like I mentioned before...a case will only add another one in the long pending list of cases to be disposed off...

 

MR SHOROFF IS 100% CORRECT...

 

Gautam

1 Like

Aishwarya (Teacher)     18 December 2011

one needs to back up with solid proofs to support ones allegation..

 detective agencies might do something in this regard., but really its just a stupid opinion am giving ..

why would anyone keep hard proof of such act...butttt  stilllllll

Prabhu ( )     18 December 2011

Hi Experts,


     Help me on clarify this doubt.


     Let's say Man(Husband) didn't register his marraige, But law still allows a wife to file a compilant against his husband with gender biased law.

 

   If law allows to register complinat from wife(Without marriage registeration) How does't it make sense that marraige is not consider offically/leggally if it is not registerted.

 

Thanks

prabhu

Aishwarya (Teacher)     18 December 2011

the marriage is solemnized as per hindu rites and ceremonies with proofs n all witness etc and there was wedding its more than enough to go over the board after that..

..registeration of marriage is not necassary  to file cases n stuff ..

many couples go on  living together for years even without getting their marriages registered..

anyhow wait for more expert advices..

bail498 (Junior Advocate)     19 December 2011

 

Dear Experts,

"The Supreme Court has laid down that proof of solemnization of second marriage in

accordance with the essential religious rites applicable to parties is absolutely essential

and a must for conviction for bigamy. Mere admission by the accused is not enough."

Against this my question is that without producing any proof of marriage can police or court file Bigmay or under IPC 494?



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