• Second marriage while first wife is alive

My husband has been harrassing and abusing me for divorce for the past few years. We had been married for 18 yrs.I denied his demand and hence started propagating me as a psycho and slut. I filed a complaint against him for harrassment and I got a protection order. During this time he filed a divorce case. As I have the protection order, I got the courage to fight back and hence I strongly opposed his divorce case. However, he started living with the lady. Though he introduce her as his cousin she is not his first or second cousin and I never saw her or her family in any of our family functions. He is not supporting me or not even taking care of our child. She is staying with him in Govt quarters and hence we approached his department. They started enquiry and told him to sent her back as the wife objects evenif it is a cousin. We noticed that she wear sindoor, thali and mitti. Now I want to know how to proceed further.
1. How can I prove that she is not his cousin. ( I have the details of her -her address)
2. What are the proofs I need to obtain that they are married?
3. If I didnt get proof what should I do to get justice for me?
4. If we get proof what should I do?
Expecting a detailed reply. 

Regards
Asked 2 years ago in Family Law
Religion: Hindu

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31 Answers

1) engage detective agency and gather evidence whether she is his cousin or not

2) wedding photographs , marriage certificate, pandit certificate would prove the marriage

3)if you gather evidence then file case of bigamy against husband under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

1. you can prove they are not cousin by proving they are married in or other relation using evidence to effect as photographs of marriage or other person testify that they are married like the people involved in there marriage. Further it is most likely that they have not registered their marriage so you need circumstantial evidences such as photograph, testimony and recordings.

2. See proof as to effect of marriage in your case has to be there marital photographs or testimony from priest.

3.you can file a complaint under 494 IPC and let police investigate or in your case it would be better you directly file a private complaint with the magistrate under 494 on satisfaction magistrate can order investigation and in course of investigation proof can be found out.

4. File a complaint under 494 IPC FIR shall be registered and there

See proof are to substantiate your claim even if you have little proof but a substantial doubt let police investigate and let them find out.

Further for support of your daughter and yourself file an application for maintenance under 125 Crpc and also residence and maintenance under DV act.

Shubham Jhajharia
Advocate, Ahmedabad
25208 Answers
105 Consultations

5.0 on 5.0

Your husband would not have registered his second marriage in view of the fact that it is an offence. Therefore, you need to establish through the neighbours that he is living along with a women for quite some time. As he is staying in official quarters, his colleagues may not depose in favour of you. Therefore, file a police complaint and let the police enquire and reveal.

Rajaganapathy Ganesan
Advocate, Chennai
1748 Answers
8 Consultations

4.9 on 5.0

1. Hire a private detective agency to find out the truth.

2. Some photographs of their marriage, or any documents which reflect the factum of their marriage, will be required. The detective agency will be able to help you with this.

3. Lodge a FIR against him for the offence of bigamy. Write to his department to initiate a departmental action against him.

4. Lodge a FIR against your husband. Second marriage during the subsistence of first, is bad in any case.

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

1. Living with an unmarried lady is not a crime though it is a ground for divorce. However of you prove on his divorce suit that he is living in adultery then divorce would be refused to him on the ground of causing wrong to you. You can prove this fact through witnesses.

2. If you produce eye witnesses to state in court that they are living as married couple then it is enough to demolish his case for divorce.

3. File case under section 498A IPC and case under PWDV Act.

4. Do as advised above.

Devajyoti Barman
Advocate, Kolkata
20791 Answers
296 Consultations

5.0 on 5.0

You can verify her aadhar, ration or voter id card where her husband name will be mentioned. If you can get the copy where your husband name is mentioned in her document as husband you can lodge a complaint with police under bigamy. If you do not Get proof since he's ignoring you file for maintenance under Section 125 Crpc and seek for heavy maintenance from him.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. How can I prove that she is not his cousin. ( I have the details of her -her address)

Answer: You can ask the genealogy of your husband in court. You could also carry out a gene/DNA test to determine the relation with your husband;

2. What are the proofs I need to obtain that they are married?

Answer: You can search for marriage certificate with the marriage registrar. You can also ask his family members. Make sure you record whatever they say;

3. If I didnt get proof what should I do to get justice for me?

Answer: You can always file a case for adultery under divorce act as well under IPC;

4. If we get proof what should I do?

Answer: Same as answer No.3.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
4 Consultations

5.0 on 5.0

1) At the first juncture file an application under section 125 of code of criminal procedure for Order for maintenance for you and children and other reliefs, stating all the facts, which are tenable under law. then everything will come out auto

Madhava Raju S
Advocate, Visakhapatnam
5 Answers
1 Consultation

4.8 on 5.0

Dear Client,

It is on him to prove that she is her cousin or not. U need to file compliant with the department and police of his 2nd marriage. AS u r saying women wears sindoor, mangl shootra than she must have her marriage proof with some other guy if not married with him. And through her id`s, her father , husband name make it confirm whether cousin or not,.

If he is not taking case of household/child / your expanses, file for maintenance u/s 125 CrPC and other reliefs under Protection of women from domestic violence act.

1. How can I prove that she is not his cousin. ( I have the details of her -her address) -- You file FIR against him for bigamy, sec 494 Indian Penal Code, rest police will find whether she is cousin or married with husband or she is living in adultery with your husband.

2. What are the proofs I need to obtain that they are married? --- Might be possible she not married to him and some other`s wife, Through RTI apply Municipal office on the basis of name and permanent address, if marriage registered.There`s also possibility they not married but living like Husband wife, or mandir shaadi and not got registered.

3. If I didnt get proof what should I do to get justice for me? --- On his adulterous conduct at least u can seek orders in your favor under sec 12, 17,18, 19, 20 ,22 , 23 of Protection of women from domestic violence act.

4. If we get proof what should I do? -- Than present it to the police and department. And in court.

Yogendra Singh Rajawat
Advocate, Jaipur
20151 Answers
28 Consultations

4.5 on 5.0

1. It wont make any difference even if you prove her not to be his cousin and establishing the fact she is his concubine.

Until you are not proving that he married her with evidences, you canot take any action on his adulterous life because it is not a crime to have an extramarital affair with another woman while remaining married to you as per criminal laws.

2. Marriage certificate or wedding card or evidence who witness their marriage or wedding photograph or the social identity card like aadhar or ration card etc containing her name as his wife.

3. Having an extra marital affair or living an adulterous life with another woman during the subsistence of marriage is not a crime hence you canot get any justice on this except you can file a domestic violence case against the mental tortures due to this.

4. You have to look for the sources to get proofs.

T Kalaiselvan
Advocate, Vellore
66985 Answers
884 Consultations

5.0 on 5.0

As a a legally wedded wife, you can go and stay in his house.

He cannot stop you from entering the house because that is your matrimonial home, but the police cannot help you beyond certain extent until you dont have a court order on this.

T Kalaiselvan
Advocate, Vellore
66985 Answers
884 Consultations

5.0 on 5.0

he could get punished for 5-7 years for bigamy, don't wait, if you require him sincerely, take a further step, everything will be solved. don't think one side, which are illusion.

Madhava Raju S
Advocate, Visakhapatnam
5 Answers
1 Consultation

4.8 on 5.0

See since that is your matrimonial home and you have legal rights to stay with in that house so you can reside there and can take police help but if there is any objection then you have to file before court an application for residence under domestic violence act.

Shubham Jhajharia
Advocate, Ahmedabad
25208 Answers
105 Consultations

5.0 on 5.0

You need to file RTI about the nominations of your husband for the PF, Gratuity to get information and if you know the bank details of his salary account approach the bank and as this detail. If you face problem in bank you may file RTI for this as well.

As soon as you get the information you may ask the department about his declaration of relationship with the nominee and file case of bigamy which is punishable with imprisonment for minimum of 7 years.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

file DV case and seek right to stay in matrimonial home

2) complain to her employer that lady is staying with your husband and her conduct is un becoming of a got servant to take disciplinary action against her

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

You can file application u/s 17 to right to share household, if u have ever stayed with in him that house.

No criminal act if husband is having external affair neither on girl except bigamy. Police has no role in such case,

U can try filling complaint that husband is not allowing to enter in the house. But chances are rare.

Yogendra Singh Rajawat
Advocate, Jaipur
20151 Answers
28 Consultations

4.5 on 5.0

You need to examine witness who Denis that she is her cousin. He can't get married till he divorces you or till you are alive so his second marriage is illegal.yiu can file a Complaint under bigamy Provision of Indian penal code under section 494 of IPC

Prashant Nayak
Advocate, Mumbai
20590 Answers
38 Consultations

4.4 on 5.0

Hello,

You have sufficient circumstantial prove to show that the husband is treating her as a wife.

File a police complaint for the same.

The act of your husband of marrying another girl while being in a matrimonial relationship is a crime and therefore a FIR can be lodged for the same.

regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

Collect all such documents by means of RTi which shows that she has taken long leave.

Get in touch with a local lawyer who may help you in the case,

Regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

If you have evidence to prove that in the departmental enquiry the finding of the department is that a lady has been living with your husband then only this evidence is sufficient to prove that your husband has been living in adultery. It is not necessary to prove adultery by direct evidence because this kind of offence has always been committed in hush hush.

therefore it is very difficult to get any direct evidence. In this condition the court will proceed to admit any circumstantial evidence which shows that accused has been living in adultery. On the above mentioned departmental enquiry the evidence itself sufficient to prove that there was circumstances that your husband has been living in adultery. Offence of adultery can be proved by circumstantial evidence.

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

You can lodge complaint with women police regarding that he's not allowing you to enter home and can approach state commission for women against your husband and that lady. If you want to lodge complaint of bigamy with police unless you have strong proof that they are married police may not take any action. In such situation you need to lodge private complaint with jurisdiction magistrate under section 200 Crpc seeking court to direct police to investigate the matter.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Madam,

My answers are as follows:

1. How can I prove that she is not his cousin. ( I have the details of her -her address)

Ans: Get a certificate from her department that she is unmarried and daughter of so and so.

2. What are the proofs I need to obtain that they are married?

Ans: If you can, appoint a private detector and get information about her family and marital status.

3. If I didnt get proof what should I do to get justice for me?

Ans: Oral evidence is sufficient and your affidavit is more than sufficient.

4. If we get proof what should I do?

Expecting a detailed reply.

Ans: You must lodge complaint with police or private complaint before Magistrate.

5. If I lodge a complaint with police stating that she has been staying with him while he prevents me from entering the quarters.

Ans: A case will be booked against both of them under the relevant provisions of IPC and Police Act.

6. Will this be of any use? She is also a govt em0loyee now she took long leave to stay with him.

Ans: Lodge complaint with her employer and also employer of your husband with a request to suspend them and to conduct departmental enquiry as they are engaged in immoral life style.

7. Both her and his parents supports this relationship.

Ans: Their names and addresses may be stated in your complaints so that they will be arrested for encouraging such immoral activities.

8. In their family ; especially girl's side considered them as couple

Ans: The Law of the land will prevail over customs of community. The law is as follows.

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Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—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.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Kishan Dutt Kalaskar
Advocate, Bangalore
5522 Answers
193 Consultations

4.8 on 5.0

Hi,

You may prove the second marriage on the basis of proof of marriage as registration certificate, marriage certificate from mandir etc. and statement of pandits etc. You may file a police complaint of adultery and the same may be investigated.

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

File DV case seek right to stay in matrimonial Home , maintenance, compensation for mental torture undergone by you

2) if you have evidence of second marriage file case of bigamy against husband and his second wife under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

Since already started the proceeding peruse police for fir under 494 ipc and domestic violence case and seek protection and maintenance.

Find evidence to effect and help investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25208 Answers
105 Consultations

5.0 on 5.0

Without any proof for their marriage, police may not register any criminal case against him.

In fact police have nothing to do in this even though they have taken your complaint.

For the offences of adultery only her husband has to lodge a criminal complaint against him.

The person aggrieved can file a case of bigamy either in court or at the police station.

The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code.

A petition for declaring the second marriage as void can be filed by the parties of second marriage and not the first spouse.

Now you decide the further course of action.

As a legally wedded wife you have rights to reside in his house.

T Kalaiselvan
Advocate, Vellore
66985 Answers
884 Consultations

5.0 on 5.0

Since police has assured you to take necessary action you need to wait and see in case if the police does not initiate any investigation you have opportunity to approach court under section 200 Crpc filing private complaint seeking court direction to police to investigate matter. Secondly if they are not allowing you inside home you can file domestic violence case and seek protection order from court to allow you to enter the home.

Section 19 of domestic violence act

Residence orders.—

(1) While disposing of an application under sub‑section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.

(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Madam,

The police take care and even arrest them and then file charge sheet. Lodge a complaint in the office of your husband with copy of FIR and other police record to suspend him and departmental inquiry may be initiated against him.

Kishan Dutt Kalaskar
Advocate, Bangalore
5522 Answers
193 Consultations

4.8 on 5.0

1) You can file case against your husband under adultery and bigamy, so you can charged on him for alimony and maintenance.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Dear Querist

until and unless there is any documentary proof of their marriage, the police can not do anything against them, even if the case under section 494 of IPC was got registered for the offence of bigamy than also the police cannot start the investigation until the order of the Concerned court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

What department is doing now, it`s sufficient to prove that he is living in adultery and if married to women than police case for bigamy is valid. Police will find out.

Yogendra Singh Rajawat
Advocate, Jaipur
20151 Answers
28 Consultations

4.5 on 5.0

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