• Legal evidences to prove bigamy

Sir,whether Police reports and legal notices of the 107 and 145 cases can be the legal evidences to prove bigamy. How to defend for it in the case of 494 CrPc.Also I want to secure my partner in relation and do not get harmed in divource case procedure. We both with the help buy a land but some litigation is going on,as my neighbour is interested in that land. He also want extortion money because of which there was a riot created by him In which the 144, 107 cases went on. the notices of which are produced in the court to prove bigamy is it possible with this and also the police report in which he wrote her name as w/o so and so.Pl guide.This also invokes u/s 313 CrPc.The case of 494 was filled in 2001and is still pending.Argument is going on.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

Hello

Yes the police report in 107/145 case can be used as an evidence to prove bigamy.

But again the same depends on the examination and cross examination as to how the same can be used.

Solely on the ground of PR the bigamy can not be proved, the same has to be corroborated by some other evidences also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Who has filed a bigamy case against you?

your question is not much clear :9

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For proving bigamy only through notices is not possible.thought notice can also form.part of the evidence and.can be used against you.

For proving bigamy In your case the notices needs to be corroborated with other evidences in absence of same you can defend your case of 494. The prosecution your first wife here will need to prove that you are married to second women.

Also the notices can be disputed in cross.examination

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Bigamy cannot be proved on the strength of notices and police report issued in 107 and 144 cases.

Direct evidence is needed to demonstrate that second marriage was contracted, during the subsistence of first, to prove the offence of bigamy.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Second marriage must be proved with direct evidence such as, photograph, certificate of the second marriage; or the priest testifying having solemnised the second marriage in a temple.

Something like this.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, it is suggested that you don't project and accept that you are married and in case of allegations of bigamy you may get a counter case of defamation filed by her against your wife. If your wife has access to the said notices of 107 etc., she may use it. But, you need to defend that ask for defamation as your partner/friend is not married to you in legal terms. Also prove that police that wrongly projected ............w/o..........

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Respected sir ...

First of all make a proper question ..Sir for proving bigamy you just need to prove that any of the spouse are still alive whom you are marrying is still someone life partner ... As per section 494 of IPC Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine...For proving such you need to any photographs or any other form of audio or video recording ... Along with the certificate of 65 -B of evidence act

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1) If you accept you're relation live-in , than it will not be much difficult and pay the alimony and maintenance to your first wife and children. And tell court that you have not done any marriage with second wife which you are living in relation, tell she is just friend and business partner who had purchased land combined and working together. Writing in complaint wife of so and so doesn't means a real wife. You have to stick that she is your friend and nothing else.

2) take divorce from your first wife as soon as possible and get registered marriage with second wife. You have to act smartly for next few days.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Police reports abd legal notice do not prove bigamy

2) it has to be proved that second marriage was solemnised

3) merely Police report mention lady name does not prove bigamy

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Burden of proof is upon prosecution to prove allegations of bigamy

It has to be proved that second marriage was solemnised during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. What is the link between bigamy and 107/145 case? I am not able to comprehend this.

2. To prove bigamy one has to lead evidence which will show that the man or woman has remarried during the subsistence of his/her first marriage.

3. State clear facts,

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

on what ground 494 of IPC attract in your case, she married to someone or you married to some one, or there is any documents available regarding the relationship.

if yes, what are the documents?

for the offence of Bigamy the second marriage should be proved then only the offender can be convicted otherwise not.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Dear Sir,

Proving offence of Bigamy is very difficult unless some documents or videos are found. It being a secret act and normally there would be no evidence to establish such offences. Without seeing the statements of witnesses and without hearing your full defense i am unable to say what defense you have to take. You may approach High Court more early disposal of cases by filing Writ Petition since first case is pending from 2011.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The criminal case u/s 144 or 107 cr.p.c. may be a different case in which no bigamy effect can be established.

The police records stating the so and so is wife of so and so is not sufficient to prove bigamy.

For bigamy the proof of marriage is very important and essential

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If you are not married then there is no case at all against you.

It becomes the duty of the prosecution to prove that there was indeed an act of bigamy performed.

So wait for they to file a proof of bigamy i.e., marriage certificate etc.

A man and a woman living together cannot be considered as bigamy.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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