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RAMKRISHNA KARMAKAR (ARRANGER-06)     11 January 2012

Bigamy committed by wife

REVERED MEMBERS,

PLEASE ADVICE WHAT LEGAL PROCEDURES SHOULD A HUSBAND INITIATE WHEN A WIFE RE-MARRIES WITHOUT OBTAINING DIVORCE WITH SUPPORT OF HER PARENTS DESSERTING HER HUSBAND AND SON OF 14 YEARS .

WITH REGARDS,

RAMKRISHNA KARMAKAR.



Learning

 13 Replies

ravindra (Analyst)     11 January 2012

Hi

Plz collect solid prof evidence coz its vary difficult to prov in court. and consult a good lawyer.

Thanks

Ravindra Sonavane

RAMKRISHNA KARMAKAR (ARRANGER-06)     11 January 2012

Respected Member,

Thanks for your prompt suggestion. Can you please suggest  what can be counted as solid proof ? 

Ramkrishna Karmakar.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 January 2012

first decide what you want to achieve.

ravindra (Analyst)     11 January 2012

like kissing photos, vedio recording or s*x vedio recording or marraige certificate, marraige photo ect

RAMKRISHNA KARMAKAR (ARRANGER-06)     11 January 2012

Respected Mr. JSDN-advocate,

I want to achieve a Divorce as this incident of re-marriage happened during wife's stay at her paternal home with her parents. This incident has happened in June-2011, wife was having extra- marital relationship with a guy since 2007. Her parents knew everything. Her father was personally present at the time of re-marriage. The re-marriage has taken place with the same guy.

Please advice,

With regards,

Ramkrishna Karmakar.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 January 2012

you need hard evidence than only divorce will be granted and you will also be relieved of any payments.

S.K.SARRAF (ADVOCATE) (LAWYER)     12 January 2012

take n collect as many photos in support of ur claim, is their marriage registered ? where do they live ? Panchayat - can also role in this ...in case u want her back in ur life . u decide..now.

RAMKRISHNA KARMAKAR (ARRANGER-06)     12 January 2012

Respected Mr. Saraf,

Their marriage has not been registered, it was done in kalighat temple in kolkata. they dwell in Panchyat area . The Panchyat Pradhan has promised any help needed from Panchyat level. Taking her back doesnot arise at all. I only want the divorce because such betrayal should not be granted. I know their present dwelling place , they are staying on a rented  house. I want to be safe as if any case on 498a is filed, I can find a way out from unjust harrasement. Please advice.

With regards,

Ramkrishna Karmakar.

Chaitanya_Lawyer_Mumbai (Lawyer)     12 January 2012

If you know the her address,go there with some of your relatives.

try to get evidence of their marriage like recorded cell conversations between you,her & her husband.

this will be proof of adultery in court & you can get divorce. 

Shantanu Wavhal (Worker)     13 January 2012

u r entitled to get divorce from her. all u need to prove is - she has remarried without divorcing you. u wont be liable to pay maint. to her.

to punish her bigamy is difficult. ipc 494 is criminal case. u have to prove both the ceremonial marriages. strict proofs are required for this.

RAMKRISHNA KARMAKAR (ARRANGER-06)     13 January 2012

Respected Mr. Shantanu,

Thanks for your advice. I can prove both. I just want to know what should be counted as evidence for the re-marriage. I live in Howrah of West-Bengal. My place of dwelling is under Panchyat jurisdiction. The Panchyat Pradhan has promised to help me from the Panchyat level. So far the re-marriage, it is was done in Kalighat temple. They now live in a rented house that is also under Panchyat jurisdiction.

Please advice.

With regards,

Ramkrishna Karmakar.

Shantanu Wavhal (Worker)     13 January 2012

Panchayat is having no jurisdiction - only competent court.

bigamy = criminal case - strict proofs of both the marriages needed 

eg. marriage cert., registration, priest, witness, (documentary evidances + some supporting witness.)


its imp to understand the diff betn a civil case & a criminal case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

1. Marriage Photos

2. Witness who attended marriage

3. Proof of cohabitation

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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