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Proof for bigamy

Page no : 2


You to hire a service of a Detective- Under RTI act you may get Rasan card details as well as Voter ID details. This will proved husband wife relation.

Photographer will not give you details or any other help. Its seem dificult.

Wife step will help you in all cases thiose she filed against you.


marriage related matter is barred u/s 198 Cr.pc for loadge the FIR in police.

Except- exemptiom.

Anjuru Chandra Sekhar (Advocate )     20 May 2012

That means the cognizable offense can either be a private complaint to magistrate or a complaint directly made to police.  Generally people go file a private complaint with magistrate when police refuse to admit the case and file FIR.  If they register complaint, then the process starts from (a) till (h) in the previous mesg. under head Duty of Police on receipt of information of crime in matter of cognizable offences.  That means it goes into the cognizance of magistrate when copy of FIR is despatched to concerned magistrate.  Or if the accused is arrested (in cognizable offenses accused can be arrested without warrant by police officer) he shall be produced before magistrate within 24 hours.


If they don't register complaint, then people have option to go and file a private complaint with magistrate who will in turn direct the police to take up the case, and police will follow same formality of (a) to (h) as mentioned above.




ramesh (na)     20 May 2012

Thanks a lot to all the experts to give so detail expalnation. Yes, I understand that it is difficult to proof. However the quick benefit I can predict is She might settle her all case with compromise as she might not be intersted  running in the court. Curretnly she is enjoying the life without any tension and I am running to the courts for different cases(498, 125, 27, 13)

If I file at least one case, she might be thinking to compromise. I had filed Sec.9 and I won that case. More questions in mind:

1) If somehow I am able to arrange the photo from studio, will it be mandatory to have the photographer presence in the court and he need to tell that he has taken those photographs?

2) the  telecon conversation done by her on  2nd marriage acceptance would help anything in this matter?(By recording)

3) What would be the side effect if I file the case and will not be able to proof?


Thanks again,




Arvind Singh Chauhan (advocate)     20 May 2012

I go with Mr. Prajapati- 

SEC 198 Cr.P.C bars the court from taking cognizance of offences punishable in chapter XX IPC on police report, which includes 494 IPC.

Shantanu Wavhal (Worker)     20 May 2012

Bigamy is non-compoundable.

u can not withdraw the 494 proceedings once started.

Anjuru Chandra Sekhar (Advocate )     21 May 2012



Sec. 198 Crpc : - No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code(45 of 1860) except upon a complaint made by some person aggrieved by the offence.


This means police on their own cannot take cognizance of an offense, it should be complained by the aggrieved person that he is offended by someone.  A murder case, for instance, police can take cognizance on their own even if somebody does not lodge a complaint.  Police report will go to magistrate when complaint is made by the aggrieved person, after investigation even under Sec.494 and he has to take cognizance of it.

Arvind Singh Chauhan (advocate)     21 May 2012

Chandra shekhar Sir! thanks for the interpretation. Please refer citation if any. It would be helpful for all of us.

Ratan (Head)     23 April 2013

"aggreived person files complaint at magistrate.

case starts betn state & bigamist."

i dont understand this law too...what has the state to do with the personal life of all those three ppl...i mean its there personal life...

Shantanu Wavhal (Worker)     23 April 2013

Bigamy is non-cognizible.

let me correct myself.


"aggreived person files PRIVATE complaint at magistrate.

case starts betn COMPLAINANT & ACCUSED."

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