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(Guest)

What que. prosicution sides asks to prove BIGAMY ?

Ms. Archana,

Kindly advise few questions that prosicution side asks to proove Bigamy ?
 

Thks n Rgds.



Learning

 22 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 September 2010

Prosucution has to prove its case so  it’ll examine witnesses to prove the offence such as persons who have attended the second marriage and will evolve the facts from their mouth as to when and how the marriage took place. Also the photographs etc are shown. The solemnization of the marriage needs to be proved in such case. The accused will then cross-examine the prosecution witnesses.

Mugundhan (Lawyer)     03 September 2010

I agree with advocate archana. The 2nd marriage ceremony has to be proved. Then only it will constitute the offence of bigamy.

Arup (UNEMPLOYED)     03 September 2010

story needed, otherwise only the court process can be said.


(Guest)

Ms Archana

1. Thank you. So simply moving around with G/F is not bigamy that means !
2. "Marriage" is essential component that means !

Rgds.


(Guest)

@ Sh Arup / Ms Archana

Story (mischief) is like this

A is married and his divorce case going on. A moves around during the pendency of divorce with C (a un married girl) and B who is wife of A files a bigamy case on B. A took C to a hotel one day and B got hold of reservation (registration) form of Hotel stay of A with C but Hotel reservation form only states 1 person and the name of A mentioned, now Hotel chaps called as witness from B (complainant) and witness states that only A stayed.... so in such situation what B's side can further cross Hotel person as this witness (recalled) to further proove to establish her side of case ?


I am looking for one liner para wise Questions based on above scenario.........


Well, in my opinion nothing can come out except a infrence and quote of such inference in other cases is it not so ?


(Guest)

at max u can prove adultery (civil) if its proved two satyed in same room. even staying together in same room for many days does not prove bigamy (criminal).

Adv Archana Deshmukh (Practicing Advocate)     03 September 2010

The facts stated by you cannot prove bigamy.  The above incidence if proved through the testimony of waiter or otherwise that A and C stayed in one room together at the most will give a cause of action for divorce on the ground of adultry, it can be used to attack the character of A but, it cannot by itself be a proof of bigamy, evidence of marriage of A with C should be produced for that.

Adv Archana Deshmukh (Practicing Advocate)     03 September 2010

The essential ingridient of bigamy is 'marrying again during the lifetime of the spouse while the first marriage is legally subsisting', so marriage needs to be proved. Just moving around with GF is not bigamy.

Arup (UNEMPLOYED)     04 September 2010

you are right. nothing come out in this  case.

a & b husband and wife.

"A took C to a hotel one day and B got hold of reservation (registration) form of Hotel stay of A with C but Hotel reservation form only states 1 person and the name of A mentioned"

Analysis

1) A took C to a hotel

2) B got hold of reservation (registration) form of Hotel stay of A with C

3) but Hotel reservation form only states 1 person and the name of A mentioned

How, 'B got hold of reservation (registration) form of Hotel stay of A with C' where - "Hotel reservation form only states 1 person and the name of A mentioned"  ?

...ha...ha...ha... prepare the story properly and once again.

bigamy is 'marrying again during the lifetime of the spouse while the first marriage is legally subsisting' - IT IS PERFECT.

 


(Guest)

Thank you all for sparing time in analysing the illustration.........Rgds. to all..

raichandra1991 (agent)     18 September 2013

have 1 querries

a girl is marwari and her child marriage was done and when she got 21 her ghona was done and aftr tat she married to other person whom she love and she have certificate of tat marriage wit whom she love

but when they both went to police , to give a prove of the marriage  then dey said its illegal her father say tat ghona was marriage and they have photo of tat ghona

what will b the solution in dis whom she will stay legally

gd dy (gd dy)     19 September 2013

fail to understand why she go for bigamy ?  ADULTERY is also an punishable offense as well one get divorce on tht ground.


(Guest)

Adultery is not punishable if wife files it on husband. But otherway if husband proves wife's adultery then her boyfriend can be prosecuted under the said criminal law.

raichandra1991 (agent)     19 September 2013

who have to take a divorce


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