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Munni   07 May 2017

Need urgent advice - my husband cheated me

Dear All,

Our divorve process in now contested and the proceedings are goin on..

Now my hubby staying at abroad and plaing different game for not to pay maintenance to me..

On the other way, now I heard that he already took another girl from India as his servent and keeping with him..And now he has a baby from that girl too..How he is managing in abroad with this girl (which visa) that I dont know.. Now I filed bigamy case against him..but all say 7 year jail and he will get convicted..

But nothing happeneing..court is asking proof..he never married that girl and simply run away, then how should I provve that?

I just read here that he will get punished but in reality wheather they really get punished or simply case goes on ?

I want he should get punished as the way he cheated me?

Now court and my lawerer is asking for proof..? how to get proof?

Now I read in internet and found that...

 

XXXXXXXXXXXXXXXXXXXXXXXXX

Proof of Second Marriage

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 and that mere admission on the part of the accused that he had contacted second marriage was not enough and that such admission is not evidence for the purpose of proving marriage in an adultery or bigamy case. in customary marriage, where custom is not pleaded, living together as husband and wife would not enough. But where in the case it was proved that dola was brought, bhanwar ( saptapadi ) and kanyadan had taken place, the full vivah was read out and the marriage was performed by a purohit, the marriage must be held to have been duly solemnized.

In a Hindu marriage, where a Hindu marriage is performed according to religious rites, performance of homa and saptapadi are essential and where they are not proved to have been parformed it cannot be called a solemnised marriage under the section. To prosecution person under Section 494 I.P.C., there is nothing in the act forbidding a prosecution for offence punishable under Section 494 of penal code not preceded by declaration obtained under provisions of the act that second marriage is void. Second marriage must be legally valid marriage so as to come within mischief of Section 494. The word ' solemnize ' means in connection with a marriage, ' to celebrate the marriage with proper ceremonies and in due form', according to shorter oxford dictionary. It follows, therefore, that unless the marriage is ' celebrated or performed with proper ceremonies and due form ', it cannot be said to be solemnized '. it is therefore, essential, for the purpose of Section 17 of the act, that the marriage to which sec 494, I.P.C applies on account of the provisions of the act, should have been celebrated with proper ceremonies and in due form. Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make the ceremonies prescribed by law or approved by any established custom.

XXXXXXXXXXXXXXXXXXXXXXXXXXX 

Indian laws are very meshed up? like this how to prrove that he is married?

Can I request for DNA test of baby?

What are the other way to prrove that he is guilty and let him get court?



Learning

 25 Replies

Kumar Doab (FIN)     07 May 2017

Court is to be satisfied.

Go thru:

Hindu Marriage Act 1955

7:  Ceremonies for a Hindu marriage

https://indiankanoon.org/doc/590166/

Kumar Doab (FIN)     07 May 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR, NAGPUR

 

Marriage celeberated without proper ceremonies can not be solemnised.

Unless the marriage is celebrated or performed with proper ceremonies and in due form, it cannot be said to be solemnized," the bench led by justice BP Dharmadhikari observed…………………. 

The HC also refused to recognize the relationship as a live-in relationship as they never resided together under one roof.

 

FAMILY COURT APPEAL NO.57/2015

Shri Nitin s/o Omprakash Agrawal

Aged about 38 years,  occu: Business R/o Apartment No.303,  Jagat Apartment Ravi Nagar, Nagpur.  ..PETITIONER

v e r s u s

Smt. Rekha w/o Nitin Agrawal  (falsely claiming so)

https://bombayhighcourt.nic.in/ordqrywebcase_action.php

Munni   07 May 2017

Dear All,

Many thanks for your valuable input..

So this means that if he is not married through socially or marriage certificate then I cannot proof that he is guilty?

DNA test also cannot proove that he is guilty?

If i get information that he is staying in one roof with  that girl, is it not enough?

If I can show pictures moving out with that girl is it not enough to prove for his bigamy?

 

 

plz suggest me urgently..thanks in advance

Sachin (N.A)     08 May 2017

Originally posted by : Munni
Dear All,

Many thanks for your valuable input..

So this means that if he is not married through socially or marriage certificate then I cannot proof that he is guilty?

DNA test also cannot proove that he is guilty?

If i get information that he is staying in one roof with  that girl, is it not enough?

If I can show pictures moving out with that girl is it not enough to prove for his bigamy?

 plz suggest me urgently..thanks in advance

 

These evidences are not enough to prove bigamy.

Anjuru Chandra Sekhar (Advocate )     08 May 2017

File a case under S.498A. Your story suggests that it is a case of Adultery, but woman can't file Adultery case under Indian law. So 498A is best option. Show the proofs that you can show in bigamy case and argue in court his actions caused mental harassment to me. 

 

Bigamy case you can never win. If someone told you its a bigamy case they are misleading you.

Kishor Mehta (CEO)     08 May 2017

Madam, Sometimes people play a cunning game, there are instances when the law does not provide helpful recourse, and the affected person has to accept the bitter pill. It will be in the best of your interests to consult a family court advocate and try to get the best out of the predicament. Good luck, Kishor Mehta

sai narayana   08 May 2017

Originally posted by : Kishor Mehta
Madam,
Sometimes people play a cunning game, there are instances when the law does not provide helpful recourse, and the affected person has to accept the bitter pill.
It will be in the best of your interests to consult a family court advocate and try to get the best out of the predicament.
Good luck,
Kishor Mehta

So i too think it's the amicable solution like MCD or continue the existing divorce proceedings after duly amending your petition will serve the purpose. And also file a speedy trial petition in High Court. But out of all MCD is the speedy resolution and contested may give monetary fruits after taking it's toll on your youth.

Kumar Doab (FIN)     08 May 2017

It is believed that you are all Hindu.

Confirm.

Kumar Doab (FIN)     08 May 2017

If he has fathered a child then the child is legitimate.

Childrern are not illegitimate.

The child becomes one of his ClassI legal heir’s having equal share in his estate/property.

Althogh child has NO forced share in his self acquired estate.

However if he leaves any his self acquired estate undisposed in his life time, by a valid/registered deed, then all of his ClassI legal heir’s, have equal share.

Kumar Doab (FIN)     08 May 2017

Wife has NO forced share in his self acquired estate/property of her husband.

Wife is not Co-parcener is ansetral property of her husband.

Kumar Doab (FIN)     08 May 2017

Mr. Sai Narayana has made a striking observation “may give monetary fruits after taking it's toll on your youth.

It may appeal to you.

If it does, consider it.

You may negotiate.

Be reasonable and conclude.

Kumar Doab (FIN)     08 May 2017

 

Certainly as suggested by Mr. Kishor Mehta, you may take up with your very able local counsel of unshakable repute and integrity, specializing in Family matters, at your location.

More than anyone and anything else it is your personal decision and your counsel can help you to execute it.

 

Kumar Doab (FIN)     08 May 2017

The Lady with whom you claim he has a relationship and who has given birth to his child is not legitmitae wife till his 1st marriage subsists.

She has NO share in his estate.

However the tetator/owner can bequeath his estate by a valid WILL in anyone's favor.

The owner can dispose his/her estate to anyone by a valid/registered deed in his/her life time.

The matter at your hands and manner you want it to be decided is your call.

Decide wisely.

 

More than anyone and anything else it is your personal decision and your counsel can help you to execute it.  

 

Munni   08 May 2017

Dear All,

Still I got confused on different feed back..

I failed to understand why my husband cannot get punished? If he has done all these nonsence and cheated me?

People say India law are gender biased, but now whats happeneing?

I am roaming behind the court and here getting answer that it is difficult to prrove?

So what about my life? he simply cheated and run away, now still he cannot get convicted?

Can I go directly to supreme court?


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