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ramesh (na)     20 May 2012

Proof for bigamy


My wife got remarried without divorce. Also she is doing hrassament with us by many fake cases. I want to fight with her by filing the 494. Though I have not filled it yet and tryinng to collect the evidence first.

The name and address of her new husband has been identified. Also there are some photographs in photo studio wchich will be helpful to proof her marriage. I attempted my best to get the photo from that studio but that person is not giving me. I have not told  the intenstion of the  photo to studio person.

Can anyone help me the approach should I follow to get those photo? Can Detective help in this regard?

Please suggest,




 24 Replies

Arvind Singh Chauhan (advocate)     20 May 2012

You can pray to court call this photographer in evidence. But it is very tough job to prove bigamy.

Shantanu Wavhal (Worker)     20 May 2012

IPC 494 is a criminal offence.

the case will be fought between state govt. and the criminal.

being a criminal case, strict proofs are required for conviction.

wife's 2nd ceremonial marriage has to be proven. i.e. if she is Hindu, Saptapadi has to be proven

tough job.

proofs : 

marriage photo


marriage registration

kids out of second marriage.

witnesses to second marriage

name in ration card and other official documents.

dont be revengeful.

cases filed by wife against you are not maintainable after her unlaful 2nd marriage.

get these cases quashed.

start new life.

Adv.R.P.Chugh (Advocate/Legal Consultant (     20 May 2012

I differ with Amit above when he says that it's a case between state and wife. It's not being a non cognizable case it would be a complaint you versus your wife. 

Proof of both marriages validity is essential. You can call that photographer in court to get the photographs. 

her act of bigamy may help you in quashing of other cases. 

1 Like

Shantanu Wavhal (Worker)     20 May 2012

aggreived person files complaint at magistrate.

case starts betn state & bigamist.



No Amit,Mr.Chugh is right in his expression.


You have to gather concrete proofs of her second marriage,and can you rely on that photographer?He will be a vital evidence for you and he has to stand till the end.Then only bigamy can be established.

1 Like

Shantanu Wavhal (Worker)     20 May 2012

what would u achieve by proving Bigamy ?



What would you like to say? Mr. Ramesh is fighting a divorce case,it is the duty of the experts to help out with suitable solution.

Anjuru Chandra Sekhar (Advocate )     20 May 2012

@Amit. Important case law on Bigamy. .  Sec. 494 tried on private complaint.

Shantanu Wavhal (Worker)     20 May 2012


Supreme Court of India
State Of Punjab vs Surjit Singh & Another on 6 January, 1967
as i already said, bigamy is offense against state.
bigamy is criminal case and would be tried expeditiously as compared to the civil case of divorce. however, since its very difficult to prove 2nd ceremonial marriage, acquittal of wife in 494 wont help the divorce case.
the husband has to prove her adultry and get divorce on this ground.
of course, filing 494 would pressurize the wife side and make her settle all the litigations.
the husband should also think about her adultry (497) which would help him in civil case of divorce too.

Anjuru Chandra Sekhar (Advocate )     20 May 2012

If it is a private complaint under Cr.PC. it becomes Complainant vs. Accused, otherwise if police register FIR, it becomes State Vs. Accused.

Shantanu Wavhal (Worker)     20 May 2012

if the complainint goes to police station, the cops will tell the complaiant to magistrate.

police would not register FIR without magistrate's order.

kindly correct me, if i m going wrong.

Jaigopal Tiwari (final year student of LLB)     20 May 2012

I am of the view  that before makingup a mind to file a suit under Sec. 494U must take in confidence your area police and request them to get investigated the matter of actualities of the seclond marriage amd kif the photo evdidences afre l btakined by sme other tactics of and  bh the police depafrtment, then gthe  case can be initiated, Court runs on evidences and not on  gestures.

Jaigopal Tiwari

Legal Consultant

Anjuru Chandra Sekhar (Advocate )     20 May 2012



(1)Obligation of informant in matters of cognizable offences.—

          (a)  Any person (including victim) can give complaint to the Police about the crime;

          (b)  Information given to police may be in writing or oral;

          (c)  If the information given is oral, the writing of Police Officer shall be signed by the informant;

          (d)  Informant shall co-operate with the Police in the process of investigation;

          (e)  If Police failed to record the information, he is then entitled to send the complaint to the concerned Superintendent of Police by Registered Post or file a private complaint before the concerned Magistrate for an order.

1 Like

Anjuru Chandra Sekhar (Advocate )     20 May 2012

Procedure of Magistrate :

    (1)  The Magistrate under Sec. 156(3) is empowered to order Police Officer to investigate any offence under Sec. 190 CrPC on receipt of a private complaint and on examination of complainant and other evidence;

    (2)  Then the process of investigation by Police follows as mentioned here under:


Duty of Police on receipt of information of crime in matter of cognizable offences:—

          (a)  Any person can give a complaint to the concerned Police or any Police who in turn makes it over to the concerned Police for investigation either in writing or to his/her direction which is reduced into writing by the Police Officer  about the crime;

          (b)  If  the  report is oral, the writing of Police Officer shall be signed by the informant (Sec. 154(1) Cr.P.C.);

          (c)  Substance of information is entered in Station Diary or General Diary maintained by the Police and then furnish Crime No.……… for such FIR;

          (d)  The Police then despatch copy of FIR to the concerned Magistrate at the earliest (Sec. 157(1) Cr.P.C.);

          (e)  The Police then proceed to investigate into the crime; which involves inspection of the spot of incident, search and seizure of articles (Material Objects, popularly, in criminal trials known as MO’s); arrest of the accused with or without warrant; production of accused within 24 hours of arrest before Magistrate (Sec. 54 Cr.P.C.) examination of witnesses (Popularly known as 161/162 statements) etc.

           (f)  On completion of investigation, either refer the matter or proceed to inventigate and file charge-sheet before the Magistrate with all investigation reports etc., all documents, material objects along with statements of witnesses recorded under Sec.161 IPC;

          (g)  The time limit for completion of investigation by the Police under proviso to Sec.167(2)  is 90 days or 60 days considering the gravity of offence;

          (h)  The Police thereafter is under duty to co-operate in the trial-procedure before the Court of law by examination of de facto complainant, witnesses, marking of things or documents or articles, examination of the Police Officer and investigating officer etc.

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